Skip to main content

Full text of "Statement of the Society for the Protection of Animals Liable to Vivisection: On the Report of ..."

See other formats


Google 



This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 

to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 

publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 
We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liabili^ can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at |http: //books .google .com/I 



h* 



( 



STATEMENT 



! SOCIETY foil THE ITiOTECTKa HF ANIMALS 
LIAJiLE TO VIVISEHTION, 

REPOR'r 01'' THE ROYAL COMfflSSION 
ON VIVISF.CTION. 




I 

I 

i 
I 

4 



PUBLISHED UY THE WXUKTY POK TDR I'KOTIWTION dP ANIMALS , 
LIAISLK TO VIVISECrlON, j 

I, TWTORIi SiBllW, VltllJilHitKB., S.W. (CfiBNIlM UK 'HvTmLi. Strlet). 



SOCIETY FOE THE PEOTECTION OF ANIMALS 

LIABLE TO YIYISECTION. 



*f^ 



Presidents and Vice-Presidents. 



His Grace the Archbishop of York. 

The Most Noble the Marquis of 
Bute. 

His Eminence Cardinal Manning. 

The Right Hon. the Earl of Ports- 
mouth. 

The Right Hon. William Cowper- 
Temple, M.P. 

The Right Hon. James Stansfeld, 
M.P. 



The Right Hon. the Earl of Shaftes- 
bury, K.G. 

The Right Rev. the Bishop of Glou- 
cester and Bristol. 

The Right Rev. the Bishop of Man- 
chester. 

Lord Chief Justice Coleridge. 

Lord Chief Baron Sir Fitzroy 
Kelly. 



Executive Committee. 



Sir Frederick Elliot, K.C.M.G. 
Major-General Colin Mackenzie, 

C.B. 
Leslie Stephen, Esq. 
Mrs. Hensleigh Wedgewood. 
Frances Elizabeth Hoggan, 

M.D. 
Edw. B. de Fonblanque, Esq. 



Rev. C. J. Vaughan, D.D. 
The Countess of Portsmouth. 
The Countess of Camperdown. 
John Locke, Esq., M.P., Q.C. 
William Shaen, Esq., M.A. 
Miss Lloyd. 
Colonel Evelyn Wood, V.C, C.B. 



The Vice-Presidents will sit occasionally as Honorary Members of the 

Committee, 

Hon. Treasurer. 
C. J. Bun yon, Esq., 37, Phillimore Gardens, Kensington W. 

Hon. Secretaries. 

George Hoggan, Esq., M.B. 
Miss Frances Power Cobbe. 



*^ The Offices of the Society have been removed from 13, Granville Place 
(temporarily lent by Dr. Hoggan), to 1, Victoria Street, Westminster (comer of 
TothUl Street), within a few hundred yards of the Houses of Parliament. 

By a Eesolution of the Committee, the Subscription for Membership of the 
Society has been fixed at 10^., but it is hoped that larger Donations will be gene- 
rally given. It is respectfully requested that all Contributions may be paid either 
at the Office of the Society as above (P. 0. Orders made payable to the Clerk, 
Mr. William Jackson), or (Cheques only) to the Bankers of the Society, Messrs. 
Goslings and Sharpe, 19, Fleet Street, B.C. 



OONTEIS'TS. 



Statement, &c. 5 

APPENDIX, 

A. — Extension of the Practice of Vivisection, and Abuses con- 
nected therewith 18 

B.— Conduct of Students.................. 28 

C. — Difficulty of obtaining Evidence •... 34 

D.— Legislative Suggestions of the Witnesses before the Boyal 
Commission. To which are added the Bills of Lord 
Henniker and Dr. Lyon Playfair presented last year to • 
Parliament 39 

E.-*- Sensibility of Animals and Use of Anaesthetics 60 

F. — Foreign Physiologists 65 

O. — ^Seasons for Exemption of Horses, Asses, and Mules (as 
well as the Household Animals), from Physiological 
Experiments ...Mi.** • 79 



▲ 2 



A Boyal Commission was issued on the 22nd of June, 1875, ot 
the following noblemen and gentlemen : 

Viscount Cardwell, 

Lord WiNMARLBIGH, 

Rt. Hon. W. E. FoRSTER, 
Sir John Buroess Karslaee, 
Prof. Thomas Henry Huxley, 
John Eric Erichsen, Esq. 
Richard Holt Hutton, Esq. 

The Commission was ordered : 

" To inquire into the practice of subjecting live animals to 
experiments for scientific purposes, and to consider and 
report what measures, if any, it may be desirable to 
take in respect of any such practice." 

The Report of the Commissioners, drawn up in accordance with 
the above command, is dated 8th January, 1876. 



< 



STATEMENT. 



The Committee of the Society for the Protection of 
Animals liable to Vivisection have perused the Eeport of 
the Eoyal Commission on Vivisection, and proceed, accord- 
ing to their original undertaking, to ofifer to the Society an 
analysis of its leading contents. They are of opinion that the 
purport of the Eeport has been in some respects seriously mis- 
construed by the public, in consequence of certain imperfect 
accounts which first obtained circulation. 

After receiving an immense mass of evidence, the Eoyal 
Commissioners have arrived unanimously at the conclusion, 
that the impetus given of recent years to practical physiological 
investigations, together with other reasons, justifies the public 
call for attention to the mode in which they are pursued. 
They remark : 

" We find that until a comparatively recent period physio- 
logy had been for some time past but little cultivated in this 
country, but that there has been of late years a great movement 
in advance. ... It is the expectation of those most conversant 
with the subject that physiological investigations will more and 
more take place in connection with public institutions, and that 
an organized system of instruction in physiology ^yill speedily 
become an important feature in scientific education. It is 
evident therefore that the number of experiments at present 
performed upon living animals can by no means be regarded as 
the limit of the number which we are called upon to include in 
our consideration, but that, on the contrary, we must assume 
that the experimental method is being rapidly developed." 



Statement on the R^ort of the 



In considering the Eecommendations to be submitted to the 
Queen, the Commission inquires whether Vivisections can be 
altogether prohibited. Its decision is : 

^' That such an enactment must, inevitably lead, either to a 
general evasion 6f the law, or to an universal flight of medical 
and physiological investigators and students from the United 
Kingdom to foreign 4Mihools and laboratories, and that by this 
means the general ti'eatment of animals in experiments would 
certainly not be altered for the better." 

Nor do they consider that, if possible, legislative prohibition 
would be reasonable. They refer to the benefits which medi- 
cine and snidery have received from discoveries made by such 
means, and draw from them the deduction, that whether we 
look to the possibility of cure, or to the probability of preven- 
tion of disease, they cannot recommend their total prohibition. 
Nevertheless, some legislative action on the subject appears 
necessary. They quote the opinion of Sir William Fergusson, 
Bart.— 

*^If the public really knew what was actually going on in 
this country at this time, they would expect an interference on 
the part of the Crown and Parliament, just as much as with^ 
reference to the dissecting of dead bodies years ago (1040); 

and add the judgments — -on the whole, in favour of some 
legislative measure — of many eminent surgeons and physiolo- 
gists : Dr. Burdon Sanderson, Dr. Michael Foster, Dr. Gamgee, 
Sir Thomas Watson, Sir George Burrows, Sir James Paget, 
Dr. Hf^ughton, and Professor Eolleston. The objections to 
legislation on the subject, they remark, proceed principally 
fix)m persons who, like Mr. Lister, appear to consider that any 
interference of the law implies an imputation of cruelty against 
the gentlemen engaged in such investigations. 

Independently of authority in fevour of legislative inter- 
ference, the Commission has felt itself called upon to recom- 
mend it '' by reason of the'thing.** 



Royal Commission on Vivisection. 



" It is manifest that the practice (of Vivisection) is from its 

nature liable to great abuse It is not to be doubted that 

inhumanity may be found in many persons of high position as 

physiologists That very severe experiments are constantly 

performed cannot be doubted by those who read the document- 
aiy evidence which has been laid before us, and the testimony 
of Dr. Walker and other witnesses, who speak from personal 
knowledge of the sufferings which, they say, have been often 
unnecessarily inflicted in the name of Science.* Dr. Anthony, 
who resides in the neighbourhood of Birmingham, told us that 
he is acquainted with, instances of many men who carry on 

experiments in private houses from mere curiosity "We 

have had some evidence that cases have arisen in which the 
unpractised student has taken upon himself in his private 
lodgings to expose animals to torture without anaesthetics/' f 

"Evidence of this nature," the Commissioa judiciously ob- 
serves, "is not easily obtained,"! and proceeds to add : 

" Besides the cases in which inhumanity exists, we are satis- 
fied that there are others in which carelessness and indifference 
prevail to an extent sufficient to form a ground for legislative 
interference We Jhave been much struck by the conside- 
ration that severe experiments have been engaged in for the 
purpose of establishing results which have been considered in- 
adequate to justify that severity by persons of very competent 
authority. .... It is, moreover, much to be regretted that a 
feeling of suspicion and even of abhorrence should have been 
permitted to grow up among a large and very estimable portion 
of the public against those who are devoted to the improvement 
of medicine and the advancement of science." 

After reviewing these arguments, the Commissioners con- 
clude, among other points, that " the infliction of severe and 
protracted agony is in ?iny case to be avoided, and that the 
abuse of the practice (of Vivisection) by inhuman or unskilful 
persons — in short, the infliction upon animals of any unneces- 

* See Appendix A. (Abuses.) 

t See Appendix B. (Conduct of Students.) 

X See Appendix C. (Difficulty of obtaining Evidence.) 



8 Statement on the Report of the 



sary pain — \& justly abhorrent to the moral sense of your 
Majesty's subjects generally, not least so of the most dis- 
tinguished physiologists," &c. 

The existing law, however, appears inadequate to deal with 
the difficulty. 

^^ It takes no special cognizance of the subject, but leaves it 
to the operation of the Statute 12 & 13 Vict. c. 92, if indeed 
that Act should be held to be applicable ; and the Act extends 
only to domestic animals, leaving frogs, rabbits, guinea-pigs and 
other animals, entirely unprotected. It gives, that is, in respect 
of domestic animals, a remedy doubtful even if applicable, and 
not easily enforced; and, in respect of others, no remedy at all." 

After reviewing the two Bills laid last year before Parliament, 
and the Bill prepared by the Eoyal Spciety for the Prevention 
of Cruelty to Animals, Dr. Hoggan*s plan, and several schemes 
proposed by different witnesses,* the Commission makes in 
passing some* important remarks on the use of an8esthetics.f 
They think that, " in framing rules for the administration of a 
system, there ought to be much jealousy in too readily admit- 
ting convenient doctrines, and that proper care should be taken 
to insist upon the removal of the sensibility to pain even in 
the case of cold-blooded animals." The use of Urari they spe- 
cifically condemn, observing that it has been " positively stated 
by perhaps the highest authority on such a subject, Claude 
Bernard, to have no effect in producing insensibility to pain.*' 
In conclusion, the Commission lays before the Queen the fol- 
lowing outline of legislation : 

"What we should humbly reconmiend to Your Majesty 
would be the enactment of a law by which experiments upon 
living animals, whether for original research or for demonstra- 
tion, should be placed under the control of the Secretary of 
State, who should have power to grant licenses to persons, 
and, when satisfied of the propriety of doing so, to withdraw 
them. No other persons should be permitted to perform expe- 

* See Appendix D. (Legislative Suggestions.) 
t See Appsndix E. (Sensibility of Animals.) 



Royal Commission on Vivisection. 



riments. The holders of licenses should be bound by condL 
tions, and breach of the conditions should entail the liability 
to forfeiture of the license ; the object of the conditions should 
bo to ensure that suffering should never be inflicted in any 
case in which it could be avoided, and should be reduced to 
a minimum where it could not be altogether avoided. This 
should be the general scope of the conditions ; but their de- 
tailed application should be left to be modified from time to 
time by the Minister responsible according to the dictates of 
experience. In the administration of the system generally, 
the responsible Minister would of course be guided by the 
opinion of advisera of competent knowledge and experience. 
Dr. Playfair's Bill provided a machinery for the purpose, and 
some arrangements of the kind proposed in that measure would 
be necessaiy. But we think it is inexpedient to divide the 
responsibility of the Secretary of State with that of any other 
persons by statutory enactment, and we recommend that his 
advisers should be from time to time selected and nominated 
by himself. Their naoaes should be made known to the pro- 
fession and the public. It may be found desirable that one of 
the conditions to be attached to a license should be that the 
experiments should be performed in some particular place ; 
but this is a detail which may vary with circumstances, and 
we think it ought not to be stereotyped by statute. 

" The Secretary of State must have the most complete power 
of efiftcient inspection and of obtaining full returns and accurate 
records of all experiments made. Any place in which experi- 
ments are performed must be registered and open to efficient 
inspection. The appointment of an inspector or inspectors 
will be necessary, and we have seen that the analogy of the 
Anatomy Act has been appealed to by many high authorities. 
It is to be observed that the duties under that Act are of a 
nature much more mechanical than those which will be required 
in the present instance. The inspectors must be persons of 
such character and position as to command the confidence of 
the public no less than that of men of science. 

"Abuse of the power conferred by the license must, of 
course, render the holder liable to its withdrawal ; but this will 
involve great disgrace ; and the withdrawal of the license of an 
eminent man without real cause might be a serious public mis- 



lo Statement on the Report of the 

chief. We have felt it necessary, therefore, to consider what 
steps should be taken when the question of such withdrawal 
may arise. Wo think that the holder of a license, when he 
shall receive notice that the Secretary of State intends to with- 
draw it during the period for which it has been granted, should 
be at liberty to demand a public inquiry ; that this inquiry 
should be held before one of the Judges of the Supreme Court, 
with two competent assessors to be appointed by the Secretary 
of State, the Court having the full power of conducting it as a 
legal investigation by summoning and swearing witnesses, issu- 
ing commissions, and so forth : — that on the result of this 
inquiry, the Secretary of State should determine whether the 
license ought to be withdrawn, and when he decides in the 
negative, should have the power of giving the holder of the 
license the reasonable costs of his defence. 

" Magistrates ought to be empowered, on cause shown, to 
authorize the police to enter and search the premises of persons 
suspected of performing experiments without a license, and the 
performance of such experiments without a license should be 
penal 

"It has been suggested that cases may occur in which an 
urgent necessity may have occasioned an experiment when there 
has been no licensed person within reach, and it has not been 
possible to apply for a license ; such as a sudden case of sus- 
pected poisoning, arising, perhaps, in a remote place, when the 
experiment has been reasonably considered indispensable, for 
the purpose either of cure or of medico-legal investigation. 
Bona-fide cases of this kind ought evidently to be free from the 
risk of vexatious prosecution, and this can be secured by vesting 
in the Secretary of State the power of putting a veto on a pro- 
secution." 

The Commission believe that by such a measure " the pro- 
gress of medical knowledge may be made compatible with the 
just requirements of humanity," and they trust 

" — ^that her Majesty's Government and the Parliament of this 
kingdom will recognize the claims of the lower animals to be 
treated with humane consideration, and will establish the riglit 
of the community to be assured that this claim shall not be 
forgotten amid the triumphs of advancing Science." 



Royal Commission on Vivtsectipn. 1 1 



To this Eeport, which has been unanimously signed by the 
Commissioners, one of them, Mr. Hutton, has appended his fur- 
ther conclusions. He desires to suggest an additional restriction 
to the proposed measure, namely, that the Household Animals, 
dogs and cats, should be exempted altogether from liability 
to experiments of this kind. The grounds of Mr. Hutton's 
opinion he states to be three-fold : 

1st. There is strong presumption that the demands of phy- 
siologists for those creatures is supplied by persons who decoy 
them away from their proper owners, and that in this way a 
strong temptation is furnished for actual theft, and all the dis- 
tress which thefts of this nature often cause. Mr. Hutton 
refers to the answer of one physiologist (2823), that he was 
"not informed** as to the way his dogs were procured ; and of 
another (5747), that 90 cats had been "supplied to him by a 
man,** and that he "made no inquiries.** 

2ndly. Mr. Hutton would exempt dogs and cats from expe- 
riment because, beyond other animals, they are endowed with 
the intelligence which seems nearly to coincide in tlie animal 
kingdom with high sensibility, and are liable to the hyper- 
cesthesia to which civilized man appears susceptible beyond 
the savage. 

Srdly. Mr. Hutton argues that the claim of exemption from 
painful experiment of the Household Animals " suggests itself 
from the very nature of our relation to these creatures which we 
have trained up in habits of obedience to man and of confidence 
in him, so that there is something of the nature of treachery, 
as well as of insensibility to their sufferings, in allowing them 
to be subjected to severe pain even in the interests of Science.** 
"If suffering is to be inflicted at all, with whatever humane 
economy it is meted out, it is better, both as regards the evil 
of enduring and the evil of inflicting it, that the humble friends 
of man, which have been taught to obey and trust him, should 
not be selected as the victims." Mr. Hutton further remarks : 
" I may add, I do not find any trace in our evidence that there 



1 2 Statement on the Report of the 

is a single one of the important scientific discoveries which 
have been represented to us as due to, or finally verified bj', 
experiments of this kind, of which Science would have been 
deprived had any such limitation as this been at the time in 
force." 

These important conclusions of the Eoyal Commission ap- 
pear to require a few qualifying remarks and exceptions. 

The Committee does not adopt the opinion that the benefits 
derived from Vivisection justify it, when the pain inflicted on 
the animal is serious and prolonged, or can be held to involve 
a greater evil to the victim than death ; and they regret to 
observe that the Commissioners have made no recommenda- 
tion to prevent such abuse. They note, on the contrary, with 
approval the opinion of the Commission, stated on p. 18 of the 
Keport, that " th^ infliction of severe and protracted agony is in 
any case to he avoided;" and they fully adopt Mr. Hutton's 
observation, that "where the pursuit of scientific truth and 
common compassion come into collision, it seems that the 
ends of civilization, no less than of morality, require us to be 
guided by the latter and higher principle." It may be observed, 
further, that such a principle has received official recognition, 
in a Minute of the Privy Council drawn up in 1874 by Mr. 
Forster, for the direction of experiments on animals made 
under the annual grant of £2000 for Scientific Investigations 
in aid of Medicine. Mr. Forster concludes : " I desire to have 
on record the opinion .... that no experiments on living 
animals should be conducted at the cost of the State without 
the employment of some anaesthetic in cases of painful opera- 
tion, and without a report from time to time by the gentleman 
conducting the experiments, explaining their object and show- 
ing their necessity for the purpose of discovery" (1367). 

They consider also that, in view of the evidence received, 
the language of the Commission might have been somewhat 
stronger in* condemning the abuses of the practice of Vivisec- 
tion, and they think it probable that it would have been more 
decisive but for the following untoward circumstances : 



Royal Commission on Vivisection. 1 3 



1st. As the Eeport remarks, the evidence respecting private 
Vivisection done by students is " difficult to obtain," and few 
witnesses were found to offer any direct testimony concerning 
it, though several eminent men avowed their conviction that 
it prevails to a lamentable extent in connection with nearly 
every Medical School, and Mr. James Mills honourably con* 
fessed with regret his own share in such practices when a 
student in the Veterinary College at Edinburgh. Eespecting 
the degrees of suffering inflicted in the laboratories of professed 
physiologists in the United Kingdom, the Commission was 
obliged to content itself without once checking the testimony 
of the physiologists themselves by that of any attendant 01? 
other eye-witness. Such evidence, had it been received, would 
have been eminently satisfactory to the public, who can hardly 
be expected to feel that all question is closed by the mere 
opinion of gentlemen whose practice was the very subject of 
investigation ; and amongst some of whom it appears that the 
standard of humane conduct is such, that two of them main- 
tained that it involved no great suffering for animals to be 
starved, or baked to death, while two others defended their 
own experiments on the portentous scale of 90 cats for one 
series of very painful experiments, and of 36 dogs for another.* 

2nd. It is noticeable that the opponents of Vivisection were 
not represented on the Commission by a single physiologist 
The Committee respectfully and gratefully recognize the care, 
candour and ability, displayed by the Eoyal Commission during 
its long and arduous labours. The Commissioners, however, 
themselves remark: "We have not judged it our duty, the 
majority of us not having had professional training, to decide 
upon matters of differing professional opinion." It is to be 
regretted that this inequality was not rectified by the presence 
of at least one specially qualified Commissioner, who might, on 
some of the many occasions of conflicting professional opinion, 
have helped them to arrive at such a decision. 

3rd. Wliilst bowing to the justice of the Commission's deci- 

* See 2778, 4751, 4745, 5721. 



14 Statement on the Report of the 

sion " to avoid receiving adverse testimony in respect to 
foreign physiologists beyond what is to be derived from their 
own published writings," and only "receiving with pleasure 
from competent witnesses an assurance of the humane spirit 
which has been known to prevail in some foreign labora- 
tories," the Committee regret that this course most unfortu- 
nately excluded from the purview of the Commission those 
darker facts concerning the recklessness of vivisectors, where- 
upon a complete judgment on the subject could alone be 
based. It is the opinion of this Committee that the abuses 
of the practice have never yet attained in England anything 
like the saihe extension as in Germany, Italy and France; 
and that English physiologists, with few, if any, exceptions, 
have so far remembered their national characteristics as gene- 
rally to exercise at least a comparative degree of humanity 
in their experiments. It is on the well-grounded fear that 
the new zeal for such experiments now extending amongst 
us, together with the importation of foreign teachers and the 
influence of foreign example,* may ere long make English labo- 
ratories scenes of no less cruelty than those of other countries, 
that this Society has been formed ; and the Committee think 
that without taking into full view the virulence of this moral 
pestilence at our doors, it was not possible for. the Eoyal Com- 
mission to enter a sufficiently stringent warning of the neces- 
sity for legislation. 

Finally, as regards the measures suggested to the Queen and 
Parliament by the Commission, the Committee of the Society 
for the Protection of Animals liable to Vivisection cannot, of 
course, pronounce definitdy an opinion upon them until they 
are embodied more or less perfectly in the Bill which, it is 
confidently hoped, Her Majesty's Government will, with the 
least possible delay, proceed to lay before the Legislature. 
Whether the result will prove satisfactory or the reverse will 
obviously depend on the details of the measure, and the 
thoroughness wherewith they embody the principle thus hap- 
* See Appendix F. (Foreign Physiologists.) 



Royal Commission on Vivisection. 1 5 

pily established by the Eoyal Commission, — that "the progress 
of medical knowledge ought to be made compatible with the 
just requirements of humanity." The Committee observes 
with great regret that there is no proposal in the Eeport of 
the Commission (such as was contained in Dr. Lyon Playfair's 
recent Bill) prohibiting the use of Vivisection for purposes of 
mere demonstration as distinct from research. 

Mr. Hutton's suggestion " that the Household Animals, dogs 
and cats, should be exempted from all experiments under the 
meaning of the Act," meets with the full approval of the Com- 
mittee, who would include under such exemption those other 
faithful servants of man, the horse, ass and mule.* In con- 
clusion, the Committee find a just summary of their senti- 
ments in Mr. Hutton's expression of his views, " The measure 
proposed mil not at all satisfy my own conceptions of the needs 
of the case, unless it results in pviting an end to all eaperiments 
involving not merely torture, hit anything at all approaching 
thereto/* 

* See Appendix G. Reasons for Exemption of Horses, &c. 



APPENDIX. 



B 



APPENDIX. 



It was the intention of the Committee of the Society for the 
Protection of Animals liable to Vivisection to prepare for the use 
of Members and others, a Digest of the entire Evidence presented 
to the Eoyal Commission. This Evidence, however, is so voluminous 
(extending to upwards of 6000 questions and answers), and the able 
Report of the Commission has, on the whole, so fairly summarized 
it, that the Committee have relinquished the larger design, and have 
requested their Honorary Secretaries to prepare Extracts, tending 
to substantiate the essential justice of the position taken by the 
Society. The advocates of Vivisection may, it is thought, be left to 
give, through the powerful journals at their disposal, any publicity 
they desire to such portions of the Evidence as they may consider 
favourable to their views and practice. 

In Appendix D. will be found an abstract of all the views and 
suggestions of the witnesses on the subject of Legislation ; to which 
are added, for convenience of reference, the two Bills introduced last 
Session into Parliament by Lord Henniker and Dr. Lyon Playfair. 



b2 



. (A.) 

Extrcu:^ts of Evidence on Extension of the Practice of 
Vivisection, and Abuses connected therewith. 



The following extracts from the Evidence taken before the 
Eoyal Commission, throw some light on these points. 

Dr. ACLAND observes : 

" The number of persons in this and other countries who are 
becoming biologists without being medical men is very much in- 
creasing. Modern civilization seems to be set upon acquiring bio- 
logical knowledge, and one of the consequences of this is, that 
whereas medical men are constantly engaged in the study of anatomy 
and physiology for a humane purpose (that is, for the purpose of 
doing immediate good to mankind), there are a number of persons 
now who are engaged in the pursuit of these subjects for the purpose 
of acquiring abstract knowledge. That is quite a diJBferent thing. 
I am not at all sure that the mere acquisition of knowledge is not a 
thing having some dangerous and mischievous tendencies in it. . . . 
Now it has become a profession to discover ; and I have often met 
persons who think that a man engaged in original research for the 
sake of adding to knowledge is therefore a far superior being to a 
practising physician, who is simply trying to do good with his know- 
ledge. ... So many persons have got to deal with these wonderful 
and beautiful organisms just as they deal with physical bodies that 
Jiave no feeling and no consciousness" . . thus . . "the multiplicity of 
these investigations has in a great measure 'arisen (944). I have every 
reason for believing that it is often done abroad with what I should 
call an unscientific carelessness, which would be so hurtful to the 
moral sense of England that is would not be endured" (941). 

Mr. G. H. Lewes says : 

" One man discovers a fact or publishes an experiment, and 
instantly all over Europe certain people set to work to repeat it. 
They will repeat it, and repeat it, and repeat it" (6330). 



Extension and Abuses of Vivisection. 2 1 



Sir. W. Fergusson, Bart. : 

" The impression on my mind is, that these experiments are done 
frequently in a most reckless manner (1035), and (if known to the 
public) would bring the reputation of certain scientific men far below 
what it should be (1036). I have reason to imagine that suflferings 
incidental to such operations are protracted in a very shocking man- 
ner. I will give you an illustration of an animal being crucified for 
several days, perhaps introduced several times into a lecture-room 
for the class to see how the experiment was going on (1037). I 
believe it (the above) to be done in this country" (1038). (Asked 
his grounds for opinion that a great deal of reckless practice of Vivi- 
section is going on at the present time) : " I hear young men who are 
pupils, or have recently been pupils, speaking of what they have 
seen in the theatres, lecture-rooms and laboratories of those who 
profess to teach physiology" (1112). 

Dr. Haughton : 

" I believe that a large proportion of the experiments now per- 
formed upon animals in England, Scotland and Ireland, are unne- 
cessary and clumsy repetitions of well-known results. Young physio- 
logists in England learn German and read experiments in Germ 'in 
journals, and repeat them in this country. There is a good deal of 
that second-rate sort of physiological practice going on" (1874). 

Prof EOLLESTON : 

(Asked whether his remark concerning the growth of moral feeling 
applied to the last few years]) "It is rather the reverse, I should 
think, within the last few years. There are eddies in a river which 
is flowing from east .to west, but it is flowing all the same (1339). 
With regard to all absorbing studies, that is the besetting sin of them 
and of original research, that they lift a man so entirely above the 
ordinary sphere of daily duty that it betrays him (in other lines of 
original research as 'well as this) into selfishness and unscrupulous 
neglect of duty (1287). Mr. Skey wrote in his work, * A man who 
has the reputation of a splendid operator is ever a just object of 
suspicion.* . . . Now a person who is operating on the lower a"iiimals, 
who have no friends to remonstrate for them, is very much more 
likely to give way to such a temptation than a person operating 
upon human beings who would have friends (1287). If you take 
up that book of SchifTs, you will find that almost every lecture 
has some animal sacrificed for it (1343). Dr. Foster told me he 
had never shew]} it (the experiment in the Handbook on Recur- 
rent Sensibility) and never seen it himself* (1346). (Asked, "But 
surely it is put here in a Handbook in a mode which would encou- 
rage the trying of that experiment 1") " Obviously. I am speak- 



2 2 Appendix. 



ing in vindication of the character of a friend of mine, 'but not at 
all in vindication of the hook*' (1347). (Asked, " Then I under- 
stand that your opinion about the Handbook is, that it is a dangerous 
book to society, and that it has warranted to some extent the feeling 
of anxiety in the public which its publication has created 1") " I 
am sorry to have to say that I do think that is so" (1351). 

Prof. Humphry : 

"Experiments have to be repeated and confirmed many times 
before a fact is really established " (635). Thinks that the number 
of experiments must increase very rapidly if the progress of science 
is to be kept up" (740). 

Dr. EUTHBBFOBD : 

"I should say about half the experiments I have done" (are on 
animals not under anaesthetics) (2843). Thinks there is '' consider- 
able increase" in physiological experimentation (2848). 

Dr. Gamqbb, Owens' College : 

"I think that Vivisection has been practised almost too little 
(5383). My lectures to junior students are attended this session by 
40 students, those to second-year students by 42 (5384). I may 
say that we are making great efforts in Owens' College to encourage . 
qualified persons to engage in physiological research ; and for that 
purpose we have provided a laboratory, and we have a physiological 
scholarship" (5385). 

Dr. Crichton Bbown describes : 

Forty-six animals sacrificed in trying if chloral were antagonistic 
to pycrotoxine. " Cases of poisoning by pycrotoxine are of very 
rare occurrence" (3164, 3168). Twenty-nine animals used in Fer- 
rier's series (3178). 

Mr. ScHAFEE says : 

"A very large number of animals" are used at Ludwig's labora- 
tory. " Hundreds (a-year), if you take animals of all kinds ; of 
rabbits and dogs, I suppose, more than a hundred (3853), without 
counting the frog" (3855). 

Sir G. BuBEOWS thinks : 

" There have been great abuses in the performance of experiments 
on living animals (157), and that those abuses ought to be restrained" 
(158). 

Dr. SWAYNE Taylob : 

" A very eminent (French) toxicologist was in the habit of expe- 
rimenting on dogs on a very large scale indeed ; and after giving 



Extension and Abuses of Vivisection. 23 



the poisons — nearly every poison in the. list that we know of — ^he 
cut into the neck to tie their gullets to prevent the animal vomiting, 
and of course that must have caused great pain and suffering ; and 
it defeated the object which the toxicologist ought to have in view, 

because it placed the animal in an unnatural condition For 

that reason, in my work on Toxicology, I have not been able to 
make any use of the hundreds of these experiments which this 
French physician performed (1171). In Palmer's case, the destruc- 
tion of sixty animals was really quite unnecessary. It was merely 
an attempt to overwhelm the evidence for the prosecution by the 
number of experiments (1197). Putting a frog into water at 40° 
cent. = 100° Fahr., like putting a warm-blooded creature into 212°, 
a cruel experiment. I cannot see what purpose it would answer" 
(1258, 1259). Experiment (p. 108 of Handbook) on mesentery of 
a frog, " a very painful experiment, and I do not see what good pur- 
pose it would answer" (1271). 

Dr. Walker : 

" Inflammation by chemical and traumatic agents was set up in 
the joints and in the transparent cornea of the eye by passing a 
tliread through it and establishing a seton. These experiments 
caused great pain, and the lambs and dogs on which they were per- 
formed were unable to rest day or night ; and if some ease enabled 
them occasionally to rest, the experimenter used to exasperate the 
wounds afresh, and thus make rest impossible (1727). One case of 
gastric fistula having been established, the posterior half of a living 
IVog was inserted into the aperture leading to the stomach of the 
dog, while the anterior half, head and legs, protruded externally, and 
were fastened there until half of the frog was nearly digested away. 
As the gastric juice gradually ate away the skin, the nerves and the 
muscles, the frog made desperate efforts to escape by moving its 
anterior extremities very rapidly." (See Claude Bernard, Physiologie^ 
Vol. II. p. 409, 1856!) ..." He had done the experiment before, and 
was certain of the results obtained ; the repetition before his class 
was wanton and cruel" (4888). Dr. Walker further described the fol- 
lowing experiments : Forcing substances into the stomach of a dog 
after exposing the gullet and tying it to prevent vomiting ; opening 
the abdomen, tying a portion of the small intestine in two places, 
opening the intermediate portion, and injecting a noxious fluid into 
it ; starving rabbits till they would eat dead frogs ; forcing boiling 
water into a dog*s stomach ; boiling frogs ; starving pigeons till they 
dropped from their perches, and then cutting off their anterior or pos- 
terior extremities to show that this caused death when the organism 
was exhausted from want of food. (See Medical Times and Gazette^ 
Aug. 18th, 1860, p. 151.) Showed sketch of an experiment from 
Claude Bernard (Systhme Nerveux, Oct. 1st, 1858, p. 188), to prove 
the effect of exhaustion on the nervous system. The exhaustion waa 



24 Appendix. 



brought about by exposing the two largest nerves, nailing the feet of 
the frog to a board, and depriving it of food. The various stages of 
exhaustion were tested by an occasional discharge of the electric cur- 
rent on one of the exposed nerves (4888). Dr. Walker says that ho 
has attempted to get into physiological laboratories in England to see 
what was going on, but found it impossible, and an acquaintance of 
his was refused admittance. '' I could bring forward many cases in 
which ten, twenty or thirty animals have been subjected to the same 
experiments and have given in each case the same result, and I con- 
sider that a cruel abuse of power (1729). I have seen frogs kept in 
close jars for months till ulcers formed, and the animals were ex- 
hibited by the professor as shewing the evil effects of close confine- 
ment (1730). The sketch represents a frog prepared in this way. The 
two sciatic nerves are laid bare for about half an inch. The animal 
is then placed in a small trough containing oil or glycerine, and kept 
in situ by nailing its feet In this state the animals live as long as 
nature can endure such torture, while the experimenter may apply 
the galvanic current to the nerves, or otherwise stimulate them, 
whenever he feels disposed to do so (1729). The purpose was to 
preserve the nerves from drying up and withering" (1730). 

Mr. W. B. Scott, M.D. : 

Saw at Edinburgh, in the physiological laboratory attached to 
the University, frogs under urari ripped open, the mesentery placed 
under a microscope ; cannot have been in pain for less than two 
hours (5192). Eefers to a passage (p. 162) of the Handbook, in 
which a most painful experiment on the tongue of an animal may 
last for forty-eight hours (5194). 

* 

Dr. Landeb Brunton : 

They (his experiments on cats) are still going on (Dec. 1875) 
(5729) at his own laboratory at St. Bartholomew's (6730). Are 
killed at the end of four or five hours (5727). ** When I said just 
now that I used ninetv cats, I should have said that was in one 
scries, but I am now at the third series. The number ninety is not 
the whole that is included in the investigation. I have used a 
much larger number (5747). For the snake poison experiments I 
should think I have used about 150 of different kinds — rabbits, 
guinea-pigs, frogs, dogs, and fowls*' (5747, 5748). Asked whether 
the use of chloroform would have vitiated Dr. Eutherford's experi- 
ments on drugs or the liver? *'No" (5760). 

Dr. HOGGAK : 

** This which I hold in my hand is an account which came into 
my hand only on Saturday from the ' British Medical Journal* My 
mere opinion upon these experiments is that they were very cruel, 
veiy painful, and as far as I can see they were useless, and not to 
be depended upon as far as application to man was concerned. 



Extension and Abuses of Vivisection. . 25 



Animals, namely dogs, were kept fasting, in the first place, for 
eighteen or nineteen hours, a thing that would never be attempted 
upon the human being upon which cholagogues were being admi- 
nistered. Curari was given, a substance the effect of which on the 
liver has not yet been examined thoroughly, but we know this, that 
in almost all glands it increases the secretion very much, and would 
throw matters into an abnormal condition. The animal has been 
kept under curari when there was no anaesthetic, no narcotic given ; 
no narcotic, indeed, could be given, for there it would interfere, as 
a separate drug, with the experiment. Therefore, those animals, 
from the time that they were placed under curari, were kept under 
curari eight, seven, six, and five hours, suffering pain in consequence 
of an operation being performed which opened their abdomen, an 
operation made to find out the bile duct, and separate it from the 
other structures which lie with it in the gastro-hepatic omentum. 
A glass canula is then tied in the bile duct, and the bile drops by 
means of a tube. All that human beings know is the pain there is 
when gall stones are passing down the bile duct, and that is known 
to give excessive torture. Merely a little bit of fat passing down 
gives us intense pain, and we can form an opinion that to take out 
the duct, to disturb all these parts, and manipulate it, as has been 
done, would cause more intense pain. And in that condition the 
animals were kept conscious and fully sensitive (I have any amount 
of evidence to prove this if there is any doubt about it), while the 
experiments were being tried upon them. I say that the conditions 
were abnormal to such a degree that they could never be applied to 
men; and that the pain was excessive; and that the experiments 
were uncalled for, and cruel in the extreme; and I put in a paper 
by Dr. Eutherford himself, in the 'British Medical Journal* of 
October 23rd, as evidence of that point. This view of Dr. Ruther- 
ford's only forms another of the numerous opposing views on the 
same question ; agreeing on one point only with the committee who 
sat in the same university, and the professor who was in the same 
chair before him a few years ago (and under whom I received my 
tuition) namely, that mercury had no effect on dogs. Nearly the 
whole medical profession agree that it has a great effect on human 
beings. So that the only point on which these people agree, after 
all their cruel experiments, is, that what is applicable to the dog is 
not applicable to man" (3464).* 

* Perhaps the greatest blunder committed in these experiments was a 
fundamental one, which destroyed any vestige of reliance upon them. 
The desi^ was to learn about the therapeviic action of certain chologo- 
gues, while the method employed only showed their topical action. In 
this way most of the acids in the Pharmacopoeia would have shown better 
results as chologogues, although it would be absurd to administer them 
as such to man. — G. H. 



26 Appendix. 



Dr. Rutherford (examined concerning above experiment) : 

("In your judgment, are operations of that description upon the 
dog to be taken as evidence of what the effect would be on a human 
being T) Certainly not ; but merely as suggesting what the action 
would be ; that is all. The experiment must also be tried upon men 
before a conclusion can be drawn (2966). Last year, for purposes 
of research, I think I used about forty dogs" (2993). 



Dr. John Anthony : 

" Very frequently men who are in the habit of making these ex- 
periments, at all events the French, are very careless of what becomes 
of an animal when it has served its purpose. The brain is exposed, 
portions of it are cut or pinched or torn, and then the animal, having 
served its purpose, is thrown on the floor to creep into a corner and 
die" (2448). 

Dr. Hoggan having produced the Trench copy of Paul Bert's 
observations on a curarized dog in the Archives de Physiologic, 
Vol. II., p. 650, 1869, added the following remarks : 

" In this experiment a dog was first rendered helpless and in- 
capable of any movement, even of breathing, v/hich function was 
performed by a machine blowing through a hole in its wind-pipe. 
All this time, however, * its intelligence, its sensitiveness, and its 
will remained intact ; a condition accompanied by the most atro- 
cious sufferings that the imagination of man can conceive* {vide 
Claude Bernard, in Eevue des Deux Mondes, 1st September, 1864, 
pp. 173, 182, 183, &c.). In this condition the side of the face, the 
side of the neck, the side of the fore-leg, the interior of the belly 
and the hip, were dissected out in order to lay bare respectively the 
sciatic, the splanchnics, the median, the pneumo-gastric and sym- 
pathetic, and the infra-orbital nerves. These were excited by elec- 
tricity for ten consecutive hours, during which time the animal must 
have suffered unutterable torment, unrelieved even by a cxf. The 
crowning discovery made, to which the experimenter calls special 
attention, being, that at times, when thus tortured, it urinated! 
The inquisitors then left for their homes, leaving the tortured 
victim sdone with the clanking engine working upon it, till death 
came in the silence of the night, and set the sufferer free " (4111). 

Mr. Jesse : 

"I will now quote from the Edinburgh Medical and Surgical 
Journal, Vol. LXIII. Art. 1, An Experimental Inquiry into the 
Pathology and Treatment of Asphyxia, by John E. Erichsen (6453) : 
* Experiment 9. Three mongrel terriers. A, B, C, were properly- 
secured (6466). . . . One of the jugular veins of the centre dog was 



Extension and Abuses of Vivisection. 27 



then exposed, and a ligature was passed under it, so that it might 
be punctured so as to avoid the occurrence of plethora and apoplexy 
when the carotid arteries of the two lateral dogs were connected 
with the corresponding vessels of the central one. . . . The central 
dog began to struggle. . . . The lateral dogs were both alive, but 
evidently enfeebled Jby loss of blood*" (6458). Mr. Erichseii 
(Commissioner) : " xnose experiments were made by me, in con- 
junction partly with Dr. Sharpey, from a grant. We were appointed 
in the year 1842 by the British Association for the Advancement 
of Science to inquire into the subject of asphyxia. A grant of 
money was given by that Association for that purpose " (6459). 



(B.) 

Extracts of Evidence on Conduct of Students. 



■•i* 



A written statement by Mr. James B. Mills, M.RC.V.S., 
was entered in evidence by Mr. Colam as follows : 

" Observing from the daily papers that Mr. Ernest Hart alleges that 
students do not perform experiments on living animals as an exercise 
in the prosecution of their studies, I beg to forward to you a summary 
of my experience in that respect during my college career at Edin- 
burgh. I am a veterinary surgeon, and comparatively unknown, but 
I feel it my duty to aid your Society in repressing unnecessary expe- 
rimentation ; surveying the past as I do with much regret, so far as 
I have participated in the practices which I am now compelled to 
condemn. At Edinburgh the veterinary students and the medical 
students frequently associate for pleasure and for study. During 
my first term I was admitted only to two private meetings where 
experiments were conducted by students alone; but in the following 
term, having become a senior, I was introduced to a great number 
of such vivisections, and on some occasions operated myself. The 
experiments were certainly never designed to discover any new fact, 
or elucidate any obscure phenomena, but simply to demonstrate the 
most ordinary facts of physiology. Our victims were sometimes 
dogs, but more frequently cats. Many of the latter were caught by 
means of a poisoned bait, the animals being secured whilst suffering 
from the agonies caused by the poison, when antidotes were applied 
for their restoration. They were then imprisoned in a cupboard at 
the students' lodgings, and kept there until a meeting could be 
arranged. Sometimes the students secured their victims by what is 
known as a cat hunt, that is a raid on cats by students armed witli 
sticks late at night. I am not prepared to say that the object of 
the students was to commit cruelty, or that there was any morbid 
desire to witness pain, but I say emphatically that there was no 
other motive than idle curiosity and heedless, reckless love of experi- 
mentation. What, for instance, could justify the following experi- 
ment, performed for the purpose of witnessing the action of a cat's 



Conduct of Students. 29 



heart ? The operator first of all made an incision through the skin 
of the animaFs chest extending from the neck to the belly. The 
skin was then laid back by hooks, in order to enable the operator to 
cut through the cartilage of the breast-hone, and to draw his knife 
across the ribs for the purpose of nicking them. This process is 
necessary to enable him to snap the ribs and lay the fractured parts 
back, which also are secured with hooks. It is needless to say that 
such operation is a most cruel one ; but it is only one of several 
others performed at Edinburgh. Kow, the action of the heart is 
well known, and is one of the first things taught to students of 
physiology, and can be taught as well without experimentation as 
with. In a few cases the aniipals were narcotized, when no suffer- 
ing was caused either in the process of poisoning or in the after 
experimentations. The securing an animal for an operation like 
the above, requires experience and care, and it is fearful to witness 
the struggles of the animal while this is being done. I desire to 
exonerate the professors from any participation in the experiments 
performed by students which were conducted at the private lodgings 
of students, when none but students were present. I merely write 
this in order to give my humble corroboration of the statement made 
in the Memorial, that students ar6 in the habit of performing experi- 
ments.— James B. Mills, M.E.C.V.S.'* (1687). 

On cross-examination, Mr. Mills confirmed these state- 
ments. He said : 

"The experiments** (made chiefly on cats and dogs) "had no 
other motive than idle curiosity and reckless love of experimenta- 
tion** (4932). All the students (a class of seventy or eighty) assisted 
more or less at these useless experiments (4942). They were some- 
times done in public in the yard of the College (4948). " The habit 
of doing such things is sure to go on unless a stop is put to it *' 
(4953). He referred to a special case which occurred last winter 
session. A horse was bought for the purpose of dissection. This 
animal was subjected during a whole week to various operations, 
such as tenotomy and neurotomy, &c. (4957). The operations were 
" very painful ** (4960). JS'o anaesthetics of any kind were given 
(4959). The Principal must have known that this was done within 
the precincts of the College (4964). The experiments were made "all 
over the animal'* (4966). Another experiment, shared by Mr. Mills, 
was on a cat, when six students were present^ — four veterinary and 
two medical students (5071, 5073). The thorax of the cat was 
opened to see the heart beating (5074). Ko chloroform was adminis- 
tered, and the cat died after seven or eight minutes (5082, 5084). 
A dog, which was first half-poisoned and then restored by an anti. 
dote, received " brutal usage." The brains were knocked out by a 



30 Appendix. 



hammer (5155). The landlady of the students threatened to com- 
plain when they had killed her cat (5158). 

The story of the horse was subsequently confirmed by Prin- 
cipal Williams (6033). 

Dr. Scott : 

After describing how he ceased to attend the physiological lec- 
tures in Edinburgh on account of the cruelty he witnessed, says that 
''it did nou provoke the slightest symptoms of abhorrence among 
those who witnessed it." He ''never knew an operation cause the 
least abhorrence to a medical student" (5201). Vivisection, he 
believes, goes on among students in their own rooms (5238). 

Three of the witnesses bore testimony to their sense of the 
extreme moral danger of sufifering young students to witness 
Vivisections. 

Prof EoLLESTON, of Oxford, remarked : 

"Kingsley speaks of 'the sleeping devil that is in the heart of 
every man,' but you may say it is the lower nature which we possess 
in common with the Carnivora. It is just this, that the sight of a 
living, bleeding and quivering organism most undoubtedly does act 
in a particular way upon what Dr. Carpenter calls, the emotiono- 
motor nature in us. I know that many men are superior to it; but 
I beg to say that, if we are talking of legislation, we are not to 
legislate for the good, but for the mass who I submit are not 
always good "(1287). 

Dr. Anthony : 

Knows himself of instances of young men from mere curiosity, 
carrying on these experiments (2509). Could mention them, but 
would scarcely like to do so (2510). !No anaesthetics are used to 
diminish the pain of the creatures (2518). Respecting demonstra- 
tions by professors to students, Dr. Anthony says : '' I believe the 
more you keep the scenic element away the better. The reason is 
the existence of a morbid curiosity. There is a morbid curiosity 
which is known to medical men well with reference to operations 
of all kinds. There are a certain number of persons who are very 
fond of coming to see the different operations at the hospitals. I 
look upon that, and particularly upon the desire of seeing these 
experiments on animals, as sometlung very, very morbid indeed 
(2450). 



Conduct of Students. 3 1 



Dr. Haughton : 

" I would shrink with horror from accustoming large classes of 
young men to the sight of animals under vivisection. I believe 
that many of them would become cruel and hardened, and would 
go away and repeat those experiments recklessly. Science would 
gain nothing, and the world would have let loose upon it a set of 
young devils " (1888). 

Evidence was also offered of several cases wherin the later 
judgment and more mature feeling of older physiologists caused 
them to regret the recklessness of their early vivisections. 

Sir William Fergusson observed that : 

" Mr. Syme lived to express an abhorrence of such operations, at 
all events if they were not useful (1028). His ultimate authority 
was strongly on the other side (against them), as expressed in a 
special report of his own (1029). Il^o man perhaps has ever had 
more experience of the human subject than Mr. Syme, and I myself 
have a strong opinion that such an expression, coming from Mr. 
Syme, was a mature and valuable opinion" (1030). (Asked whe- 
ther his opinion in mature life was much less favourable to these 
experiments than when he was young ?) " Yes, because I had not 
the same grasp of the subject at that time. I was more, perhaps, 
influenced by what other people had done, and by the wish to come 
up to what they had done in such matters ; but the more matured 
judgment of recent years has led me to say to myself now, that I 
would not perform some of the operations at this present time that 
I performed myself in earlier days" (1031). 

Prof. EoLLESTON Stated : 

^* Haller fell in his later age into a permanent anguish of con- 
science, which is shown in his epistles, reproaching himself most 
bitterly for his vivisections (stated by Krug). I should wish to 
state that Haller was by no means in his dotage at that time — 
quite the reverse. He was not seventy when he died. That is 
the striking point ; and I think I may say this (but I shall not 
give the name), that it is within my own personal experience that 
a person who has a considerable name before the world, and has 
performed a large number of vivisections in his time, has expressed 
himself to me as exceedingly sorry that he ever did them — did 
them, I should say, to the extent which he did" (1290). 

And again : 

"Dr. Child, who has been a practising doctor and is now an 
exceedingly useful inspector of health, wrote a book about ten years 



32 Appendix. 



ago in which he dealt with this subject. He has said to me dis- 
tinctly that if he were to write that essay over again, he should 
recommend legislative interference, which he then thought was not 
necessary" (1340). 

Dr. Ceisp says of himself : 

" I am rather a penitent on this question. I have been a Vivi- 
sector for some time; and as I advanced in age, and I hope in 
wisdom, I saw fit to alter many opinions," &c. (6157). 



*^* The above evidence appears on the one hand. On the 
other, some of the Commissioners, drawing attention to a pas- 
sage in a pamphlet circulated by the Society for the Protection 
of Animals liable to Vivisection, entitled, The, Moral A^ects of 
Vivisection, concerning the duty of exercising caution in the 
exhibition of painful experiments to students, elicited from Sir 
William Gull the opinion that " he had never seen anything 
aflfording the remotest justification of the phraseology" of the 
passage (5502); and from Prof. Ferrier a similar reply, that he 
should think the passage a "gross libel upon a class" (3350). 
In each case, it may be observed, the Commissioners overlooked 
the beginning of the paragraph to which they took exception, 
and which (had it been read in its place) would have proved 
that medical students were not accused of having " maleficent 
tendencies" over and above other young men, but simply of 
sharing the general recklessness of youth. Unless it is wished 
to argue that medical students are of a diiferent nature and 
more delicate moral fibre than their contemporaries in other 
professions, the charge of "libelling" them, by including them 
in the same description, seems to fall to the ground. As an 
instance of hardly fair quotation, the passage is here reproduced 
—with the preceding and omitted sentence, in italics. It must 
be premised that the argument of the whole pamphlet, from 
the first page, turns on the fact, that " the notion of the extreme 
tenderness and sensibility of early youth, especially in the 
male human creature," is a mistake ; and that " that type of 



Conduct of Students. 3 3 

cruelty which comes of ignorance and recklessness of suffering, 
and wherein Curiosity, not Malice, is the prevailing motive, is 
at its worst in adolescence" (p. 1). 

" Young men at the age of ordinary medical students are, as I 
began by remarkiJig, filled with curiosity and exceedingly empty of 
sympathy and pity. An eminent physiologist recently bore testi- 
mony to his surprise when a whole class of his pupils trooped out 
of his lecture-room, on purpose to see the assistant kill a creature 
which he had considerately intended should be despatched out of 
sight before dissection. * T remained alone in my chair,' he observed, 
*a sadder and a wiser man.' The same keenness of observation, 
or a memory of their own youthful insensibility, ought to teach all 
professors of physiology that they are indulging a maleficent ten- 
dency which already exists in their pupils' disposition, when they 
invite mere lads of the Bob Sawyer type to watch their experiments 
— the more frightful, so much, alas ! to some, the more attractive." 
Moral Aspects of Vivisection, p. 10.) 



(C.) 

Extracts illustrating the Difficulty of obtaining Evidence. 



Dr. Haughton remarked that : 

** The practice of vivisection in physiological laboratories is noto- 
rious, but difficult to prove, as even those who object to the abuse 
of the practice (like myself) will not come forward and give evi- 
dence.against scientific brethren" (18G7). 

Dr. Anthony : 

(After stating that he knew of young medical men engaged in 
vivisection merely from curiosity, being pressed to give some fur- 
ther clue for inquiries, replied) : " I am afraid I must refuse it . . . 
I could not drag down public opinion on friends or acquaintances 
who have informed me that they have done things of the sort"* 
(2524). 

Mr. Mills (asked) : 

"Are you prepared to give us the names of the students to whom 
you refer ?" — "No ; T could not do that, because it would be break- 
ing honour with them" (4941). 

* A system of terrorism, indeed, almost seems to have prevailed during 
the past season, whereby the natural objection of honourable men to bear 
testimony against their colleagues has been perhaps reinforced. The Hon. 
Secretaries of the Society for the Protection of Animals liable to Vivisec- 
tion have received from some medical men, for whose assistance they 
had appealed, letters of which the following extracts seem to throw con- 
Biderable light on the subject. The first is from a successful physician in 
the West-end. He says : " Your letter gave me a great deal of pleasure, 
and I shall be most happy to contribute my mite of — guineas (a most 
handsome subscription). I do not, however, wish my name to appear as 
yet, for angry feelings have arisen, and I have many friends among the 
medical authorities who, I am sorry to say, are on the wrong side." The 
second example ia even more emphatic, being from a gentleman con- 
spicuous in the front rank of the profession, who has already shown 
considerable moral courage on this question. He says : " I deeply sym- 
pathize with your objects and exertions, and wish great success to the 
Society ; but I am not prepared at present to take any active steps 
against the opinions and actions of many members of my profession wno 
are advocates of the practices in question." 



' Difficulty of obtaining Evidence. 3^5 

The Commissioners appear to have been repeatedly foiled in 
their endeavours to extract any admission concerning the books 
or proceedings of their colleagues from the physiologists under 
examination. The following are examples of their ineifectual 
efforts in this direction, almost recalling the replies of the wit- 
nesses at a once famous Eoyal Trial, Non sb; non mi ricm^do; 
and justifying Dr. Hoggan's remark, that they "might just as 
well inquire into Freemasonry" (4288), and Dr. Walker's 
observation, that "it is impossible to argue the point of 
humanity with most professional vivisectors. They appear to 
ignore everything ; they see no kind of abuse, and very often 
no pain. This is the result of habit and e^it de corps** 
(4909). 

Sir G. Burrows : 

Knows of the existence of the Handbook, but cannot say he 
has read it (205). (Asked about Professor Legg's experiments) : 
" I have been ten years away from St. Bartholomew's. Better as- 
certain that from other sources " (227). (Asked concerning frogs 
sht open under curari and kept for two hours) : " Does not know if 
he would justify the experiment; would not like to express an 
opinion" (243). 

Sir James Paget : 

. Knows nothing of the experiments at Florence, Leipsic, Vienna, 
or Paris (379). 

Dr. Sharpey : 

Thinks that abuses might take place, but he does not know it 
(454). There are people in the country who are hunting a mere 
Will-o'-the-wisp, and drawing sober people after them (456). Had 
not read Legg's Eepoi-t in detail (577). 

Prof. Humphry : 

Had " glanced " at the Handbook (659). (At Norwich) " I heard 
that something was going on, and went into the room, but very 
soon had to leave it. I merely saw an animal on the table, and 
some one doing something to it. What they were doing, I did 
not know at all, and I was unable to remain and ascertain" (716). 
Cannot say positively that he has seen experiments under curari 
(777). 

C2 



36 Appendix. 



Prof. Williams : 

Asked concerning the return of animals used for experiment in 
his College made to the Commission. Had certified that "only 
frogs" were used, and anaesthetics always used; and on it being 
proved that horses were experimented upon even by himself with- 
out rendering them unconscious, he replies, " I never thought of the 
horse at the time; the thing really escaped my memory" (6084). The 
Commission then asked, " And you, I suppose, also forgot what had 
happened when you sent the next answer, in which it is said that 
the animals are always rendered unconscious ] " " Yes " (6086). 

Mr. SCHAFEE : 

"Never heard of such a thing" as physiologists practising privately 
in their houses or in private laboratories (3818). 

This last observation is not a little surprising, considering 
the notoriety of Dr. Eichardson's experiments at his private 
residence in London, and those of Mr. G. H. Lewes, who boasts 
that, " though not a member of the profession, there are few 
members of the profession who have done more physiological 
work than I have" (6334). 

Dr. BuEDON Sandeeson: 

" Does not think he can give a guess at all " at the number of 
animals consumed in a year in Ludwig's or Claude Bernard's labora- 
tories (2744). "Cannot give any idea" of the number of experi- 
ments in the Handbook which were painful (2748). Would prefer 
not answering (a question about Sir Robt. Christison) with reference 
to the particular case, "because I do not remember" (2753). (Asked 
about baking animals to death by MM. Delaroche and Berger, to 
see at what temperature they would die) : " Those experiments 
might, if they were conducted with skill, be on one hand productive 
of important results, and on the other not be attended with much 
pain, because an animal, when subjected to a high temperature, very 
soon comes to a point at which pain ceases. I cannot comment 
upon the particular experiment, because I do not know it" (2778). 
(Asked about the choice of M. Dupuy for teaching in the College 
for the Medical Education of Women, a French vivisector, wht) 
could not express himself in very good English, when two, an 
Englishman and a Scotchman, offered themselves, who would not 
have used vivisection) : " I took no active part in the affair at all 
(2792). All that I did was to express my favourable opinion of 
Dr. Dupuy as a physiologist, but I did not express any opinion of the 
others" (2793). (Asked, "Did not Dr. Dupuy resign because the 



Difficulty of obtaining Evidence. 3 7 



young women would not attend vivisectional experiments 1") "I 
am sorry to say I cannot tell you anything about that (2794). I 
know nothing about the matter since that time" (2795). (Asked 
how he procures dogs for experiments at University College Hos- 
pital ?) " We depend very much upon our servant, who is a very 
reliable and respectable man, and who always acts in a straightfor- 
ward way in the purchase of animals.* I have no precise knowledge 
as to the methods which are used" (2821). 

Dr. Carpentee: 

Asked, ** I see an experiment narrated in your own work on 
Physiology, as to which I should like to know whether you think 
it was really a desirable one to make. I find this stated : * The 
introduction of a little boiling water threw the animal at once into 
a kind of adynamic state, which was followed by death in three or 
four hours ; the mucous membrane of the stomach was found red 
and swollen, whilst an abundant exudation of blackish fluid had 
taken place into the cavity of the organ.* It is not one of your own 
experiments, but one of which you are there narrating the results, 
Now do you not think that that might have been argued as one of 
the most certain inferences from the well-known facts of human 
experience, and that it was quite an unnecessary experiment to 
make?" — "That which you have just read is probably taken from 
a late edition of my book" (5616). "It is the seventh edition, 
by Mr. Power, p. 129." — "It is not an experiment that I am ac- 
quainted with. I have so far given up the study of human physio- 
logy, that I have really not kept pace with the inquiries to which 
that experiment relates " (5617). "Then this experiment was not 
published by you ?" — " No. I would not give an opinion upon it 
without knowing the purpose of it" (5618). "It is published in 
your book, but not by you ?" — "Not by me" (5619). 

With respect to foreign physiologists, it would appear that 
their own accounts of their proceedings, oflfered to the public 
in the newspapers and those confided to the more select circles 
of their scientific readers, vary to a startling extent Prof. 
EoUeston exhibited to the Commission the following excerpts 
from Prof. Schiflfs well-known Letter, and from the same gen- 
tleman's Lectures : 

" Prof. Schiff says, in a work of his (Legons sur la Physiologie 
de la Digestion, Tom. I. p. 291, dated 1868), that when dogs come 

* Why was this " reliable man" not examined ? 



38 Appendix. 



into his laboratory he finds it necessary to cut two of their nerves 

(the nerves of vocalization) * Je suis oblige de faire subir cette 

derni^re operation k beaucoup de nos chiens fraichement arriv^ au 
laboratoire pour les empecher de se livrer k des concerts nocturnes 
trop bruyants et de discrediter ainsi les Etudes physiologiques aupres 
des habitants du quartier.'* Further, in a letter of Prof. SchiiFs in 
the Times of Jan 7th, 1874, he distinctly says that the reason that 
the inhabitants of the district were not so disturbed as that French 
quotation says they might have been, was, that there were no dogs 
in pain in his laboratory'' (1287). 

* As an accompaniment to the above, we extract the following from 
Claude Bernard's Liquides de Vorganisme, p. 40 : " We cut out the 

kidneys from a bulldog Next day, twenty-four hours after the 

operation, the dog, without being enfeebled, appeared dejected, respira- 
tion was impeded and sighing ; he had vomited during the night ; he 
refused all food and avoided movement. The dog appeared to suffer and 
at times cried out ; in order that his cries should not disturb the neigh- 
bours, we applied a muzzle pretty tightly. When during the day we 
returned, we found the doglying dead, his muzzle bathed in a foetid fluid 
which he had vomited. The muzzle had hindered the expulsion of the 
vomiting and caused the animal to be sulFocated by it." 



(D.) 



Extracts of Evidence on Legislation. 



Sir J. Watson, Bart., M.D., late President of the Eoyal 
College of Physicians : 

Thinks that persons who should prosecute such experiments ought 
to be such only as might be licensed by some high authority to do it 
(107). Issuing of licenses ought to be vested in some high authority, 
such as one of the Secretaries of State, properly advised by a res- 
ponsible officer "(111). Would have " an Inspector of physiological 
laboratories, as we now have an inspector of dissecting-rooms 
(116). A general License permission, not for each experimenter 
series (118), subject to revocation if abused (119). 

Sir 6. BuREOWS, Bart., M.D., President of the Eoyal Col- 
lege of Physicians : 

Thinks "there ought to be somebody to advise him (the Home 
Secretary) having functions somewhat analogous to the Inspector 

of Anatomy who should send in a written repoft" 

(167). "I think that there should be some officer or person 
apppinted who is a fit person, good anatomist, and a physio- 
logist himself, who is competent to form an opinion, and that his 
opinion should be given to the Secretary of State, and that this 

individual should be a permanent officer. I think it would 

never do to leave it to the Secretary of State, unless he had good 
information to guide him" (172). Licensed places (173). 

Sir James Paget, Bart., President of the Medical and 
Chirurgical Society : 

The Resolutions of the British Association have received his 
entire approval, and that of Darwin, Huxley, Owen, Gull, Jenner, 
&c. (268). Where courses of experiments are to be made it ought 
to be with the consent of a Committee of medical ofiScers and 
lecturers, or even some of the Governors of the hospital (320 and 



40 Appendix. 



326). N'o objection to Inspector, as of anatomy. " If there is 
any legislation at all, I should think it must take that form " (328). 
Thinks public opinion sufficient without legislation (341). 

William Shaepey, M.D., LLD., Secretary to the Eoyal 
Society : 

" Who is competent to inspect and say what is a scientific result 
or not % You must trust to the persons that you permit to make 
these experiments (581). K you come to the question of legis- 
lation about it, I think that such a person might be authorized or 
licensed to make these experiments, and when the experiments 
were painful and not done under anaesthetics, that he should keep 
a record of them, and be prepared to report what he had done ; 
and then the authority granting the license might, from their own 
knowledge and by consultation, restrain him from prosecuting ob- 
jectionable experiments " (583). 

G. M. HuMPHEY, Professor of Anatomy in the Univer- 
sity of Cambridge : 

Thinks that " by limitations and restrictions you to some extent 
take away responsibility and mar good feeling " (672). 

H. W. AcLAND, M.D., F.RS., Eegius Professor of Medicine 
in the University of Oxford : 

" I should much doubt whether the best judges of what vivi- 
sections should be performed would not be either the heads of the 
chief departments of science, or some scientific body, or somebody 
nominated by them for the purpose (930). If the Commission 
collects evidence which shows that the scientific men of England 
are careless and wanton, then I say that we deserve the humiliation 
of being looked after by the police, but I think it will not turn out 
so" (948). 

Sir William Feegusson, Bart., Serjeant Surgeon to the 
Queen : 

" There might be an opinion expressed on the subject by the 
great authorities in the country, but I should be very reluctant to 
coerce scientific men to give up their investigations" (1057). 
Thinks it would be a most offensive thing to men of science in 
this country if a particular officer should be directed to attend 
on every occasion when such experiments were made (1058). 
Thinks the suggestion of licensing very questionable (1061). It 
has occurred to him, as regards large institutions, that it might be 
a very good rule to make^ to put them under the obligation to 



Legislation. 41 



make a public report of the experiments they were performing 
(1142). Has thought that "it would be quite possible that you 
should have an inspector of these experiments, just as they have an 

inspector of anatomy so they should be able to send men 

who might say, * I should like to see the number of dogs and 
rabbits or cats about this place.* I think that would. have a very 
wholesome effect*' (1145). 

Alfred Swayne Taylor, M.D., F.E.S., Lecturer on Medi- 
cal Jurisprudence and Toxicology at Guy*s Hospital : 

Thinks "that legislation to be effectual should in some way or other 
define the animals or class of animals " (to be used for vivisection), 
and that a person might be appointed to aid the opinion of a 
magistrate in deciding a case (1185). If Licenses are granted, as 
under the Anatomical Act, it would be very easy to secure a power 
of control over experiments (1186). 

George Eolleston, M.D., Linacre Professor of Anatomy 
and Physiology at Oxford : 

Thinks "the present wholesome condition of public opinion is this, 
that for class demonstrations limitations undoubtedly should be im- 
posed, and that those limitations should render painful experimenta- 
tions illegal before classes. I am loth to say anything about interfer- 
ence with original research, firstly, because I think it impossible so 
to interfere with it (1291). My impression of the English nation is 
tl^at it is a law-abiding nation, and that a pronunciamento on the side 
of carefulness, even as regarded private practice of vivisection, would 
have its effect (1303). ... I think so, on the principle that Mr. 
Froude lays so much weight upon, about embodying the public 
opinion in the permanent form of legislation. It, so to say, crystal- 
lizes it into a solid basis, which serves as a stepping-stone in the 
evolution of moral sensibility upwards (1304). I think, in addition 
to a Register, Inspection of some kind is a thing which is desirable " 
(1319). 

John Simon, F.RS. (Medical OfiBcer of the Privy Council 
and of the Local Government Board) : 

"Supposing that (a construction he has offered) to bo a right 
construction of the Act (12 & 13 Vict., c. 92), I do not see what 
more should be wanted ; but if that is not a right construction of 
the Act, I should not myself see the least objection to a statutory 
declaration in some such sense" (1386). Thinks that "it would be 
a sham security to limit these experiments to special places and 
persons, and subjecting them to inspection, compared with that 



42 Appendix. 



which already exists (1488). On the contrary, if it were so con- 
structed as to be a real security, it would probably interfere with 
work to a degree that would oblige workers to take refuge in other 
countries (1489). . . . You are proposing that physiologists shall 
be treated as a dangerous class, that they shall be licensed and 
regulated like publicans and prostitutes " (1491). Thinks Playfair's 
Bill "would give facilities for the persecution of physiologifits. The 
Commission will recognize how easy it would be, if this Bill became 
law, for some one to move in Parliament for a return, under section 
5 of clause 3, with regard to all experiments which had been made ; 
that is to say, to convert the law into means of popular attack on 
individual physiologists" (1509). 

Mr. JofiN CoLAM (Secretary of the Eoyal Society for the 
Prevention of Cruelty to Animals) handed to the Com- 
mission a Bill prepared by the above Society, and stated: 

The 9th section of the Bill provides " that no person shall per- 
form, or cause to be performed, or take part in performing, any 
vivisection upon any animal without having first of all subjected 
such animal to the influence of an anaesthetic, so as to render it 
wholly insensible to pain." The next sectign provides " that no 
person who shall perform, or cause to be performed, or take part in 
performing, any vivisection upon an animal so subjected as afore- 
said, shall omit to destroy such animal before the effect of the anaes- 
thetic ceases" (1526). 

Da\ Arthue de Noe Walkee, formerly Military SurgecJn, 
now practising Physician in London : 

" I would propose that no person should be allowed to perform 
experiments on living animals without legal permission from some 
competent authority. Exceptions should be made in forensic cases 
where the analyst might find it necessary at once to test suspected 
matter on some animal. Secondly, the number of animals allowed 
yearly to each licensed experimenter should be limited. I think if 
this is not done, it will invalidate any other restriction that can be 
thought o£ The third provision would be, that evel*y licensed 
experimenter should send in every year to the same competent 
authority two returns, one showing the nature of the experiments 
he intends to perform, tlio other the results obtained by those 
experiments. This return should also show whether anaesthetics 
were used, how long the animal remained insensible, and how long 
it was kept alive (1729). Finally, vivisections for demonstrations 
should be entu*ely abolished (1731). The legislative means which 
I suggest would rather promote science than the contrary. A gi^eat 



Legislation. 43 



many experiments which are performed in one laboratory are not 
known in others ; and if there were returns constantly sent in, one 
experimenter would easily compare his experiments with others, 
faults would be detected, and the number of victims much dimi- 
nished (1735). Probably no control would be efficient that was 
not the result of the united judgment of a Board composed of phy- 
siologists, an equal number of physicians, surgeons and pathologists ; 
and even a chemist might give valuable suggestions" (1773). 
(Asked, " You incHne to institute a sort of Board of Control for 
scientific experimentation 1") "Yes ; on every kind of experiments 
on living animals" (1774; see also 1796, 1797, 1800). 

Lawson Cape, M.D., formerly practising Physician in 
London : 

Would not allow vivisection in the case of highly organized 
animals (1822). Ought to be guarded by certain regulations 
(1826). 

Eev. Samuel Haughton, M.D., Fellow of T.C.D., D.C.L, 

F.RS., Medical Eegistrar of the School of Physic in the 

University of Dublin : 

Objects to the provision in Dr. Lyon Playfair's Bill authorizing 
the Presidents of the Colleges of Surgeons or Physicians to give 
certificates to vivisectors. " I have no confidence in those gentle- 
men at alL" Also to clause 8, wherein the license under the Act 
shall extend to assistant. " It would introduce the practice of vivi- 
section among the students ; and I believe it is intended to be the 
result of it in any Medical School, that the person holding the 
license should really be very lightly responsible for what was done 
(1881). It occurs to me that if we availed ourselves of the services 
of the Inspector of Anatomy as one of two inspectors, and let the 
public appoint another, we should have every guarantee that is 
necessary. If the Eoyal Society for the Prevention of Cruelty to 
Animals would not undertake it, I believe that local zeal would 
undertake it, and would appoint a colleague who should be elected 
by the town, who would be a lay person, and who would protect 
the public feeling, which is as much entitled to be considered as the 
feelmgs of animals in the question (1886). I wish to express that 
opinion very strongly, that the control (of viviscctional experi- 
ments) should be partly under the direct influence of public 
opinion" (1969). 

Mr. Garrod, Prosector to the Zoological Society : 

Thinks that original research in the hands of competent persons 
should be left entirely unfettered (1981), and does not feel that any 



44 Appendix. 



restriction is required in the direction (of incompetent persons), 
because the existing law . . . would include all cases (1982). 

P. H. Pye-Smith, M.D., Assistant Physician to Guy's 
Hospital : 

" Should have thought that until abuses were proved, legislation 
was unnecessary;** and is " not aware of any necessity for it" (2042). 

F. W. Pavy, M.D., F.RS., Physician to Guy's Hospital 
and Lecturer on Physiology : 

Felt, on looking through Dr. Playfair's Bill, that it would not 
restrict the course he was himself pursuing (2185). 

J. BuRDON Sanderson, M.D., F.RS., Professor of Human 
Physiology in University College, London : 

Is willing, speaking generally, to coincide in the proposals made 
by Dr. Playfair to the House of Commons (2293). Would like to 
make this statement with reference to legislation in general : that 
so far as the institutions to which he has referred (like those of 
Guy's Hospital and Trinity College, Cambridge) are concerned, 
legislation is certainly not necessary, because there is no influence 
which legislation could exercise of a beneficial character which is 
not already exercised by the organization under which they are 
placed (2311). Cannot see any objection to the principle of a 
License, but cannot see that any Inspection is possible. Thinks, as 
regards keeping a list of the animals, that it would be impossible to 
carry it out with any good result (2352). Does not object to pub- 
licity, but to an Inspector (2356). Thinks that legislation is not 
necessary with relation to organized physiological research, and knows 
no reason for thinking it necessary on any other ground (2687). 

Michael Foster, M.D., F.RS., Praelector of Physiology 
in Trinity College, Cambridge : 

Has no objection to legislative interference. Only disagrees with 
Dr. Sanderson so far as he thought it desirable or necessary (2321). 
Objects to legislation, not on the ground of any mischief that 
reasonable legislation would introduce, but that it is in this country 
unnecessary. Thinks that there would be even for physiology some 
advantages in legislation (2348). 

John Anthony, M.D., formerly Assistant to Sir Charles 
Bell : 

Thinks experiments on living animals should be permitted in the 
form of giving a License to properly qualified persons, with stringent 



Legislation. 45 



regulations attached, involving facility for inspection by proper 
officials. That no public demonstration of vivisectional experiments 
should be permitted (2444). That it should be one of the condi- 
tions of the licenses that the laboratory should be open at all times 
for inspection by proper officials, persons who would not care about 
the scientific work, but simply take care that the thing should be 
carried on in conformity with regulations laid down (2453). Would 
make the license annual, or for some definite period (2507). 

William Eutheefoed, M.D., Professor of the Institutes 
of Medicine and Physiology in the University of Edin- 
burgh : 

Considered Dr. Playfair's Bill "extremely objectionable" (2877). 
" Should much have preferred Lord Henniker's Bill if there had 
been legislation on the subject" (2882). Was once under the im- 
pression that it had been "drawn up by the Anti-Yivisection party" 
(2873), at which time he considered that " it would have made no 
essential change in the conduct of the physiological department of 
this University. On reconsidering the Bill he considers it an 
"inconvenient thing" for the power of granting a license to be 
vested in the Secretary of State. Would not object to vest that 
power in the Councils of the Eoyal Societies or of the Colleges of 
Surgeons and Physicians, under whose jurisdiction the Inspector of 
Anatomy might act (2874), provided that his reports are to be sub- 
mitted to them and not to the Secretary of State (2883). Would 
not object to a record of all experiments (2886). 



William Tuknee, M.B., Professor of Anatomy in the 
University of Edinburgh : 

Has difficulties in the way of legislation in the matter. . . In what 
sense are you to employ the words " live animal "1 To give a defi- 
nition of life has been a difficulty from the time of Aristotle (3Q48). 
Vivisection is not exclusively confined to men of science ; lambs' 
tails are cut off, &c. (3050). There is another difficulty, that when 
legislative checks are enacted, the progress of discovery in science is 
likely to be impeded (3055), and thinks it would be class legisla- 
tion of a most offensive and objectionable kind (3102). 

James Ceichton Beowne, M.D., Head of the West- 
Eiding Lunatic Asylum : 

Thinks Inspection would be impracticable, but not onerous, or in 
any way likely to interfere with the progress of science in his labo- 
ratory (3219), and would wish to have some legal authority for what 
we might be doing (3220). A legal remedy which would secure 



46 Appendix, 



him against being placed in an unjust position would be acceptable 
to him (3224). 

David Fereier, M.D., Professor of Forensic Medicine in 
King*s College : 

Thinks that any legislation that would retard physiological re- 
search would be a discredit to this country (3252). Would say 
" that it would be so extremely difficult to ascertain or to determine 
who were qualified, or to frame a standard of competency to make 
original research, that I believe legislation in that direction would 
be injurious" (3253). Has no objection to some restriction being 
put upon unqualified persons experimenting in this way, provided a 
sound criterion be established of the abHity to perform experiments 
(3262). Should certainly object to inspection of any kind on his 
experiments. " I think it is possible that the method which has 
been suggested of giving a license to those who are qualified to 
perform experiments, a license simply, without any inspection or 
the necessity of keeping a record, would not interfere to any great 
extent with the development of original research" (3272). 

George Hoggan, M.B., formerly Demonstrator of Ana- 
tomy at Surgeon's Hall, and Teacher of Anatomy at 
Minto House, Edinburgh : 

Is not prepared at present to advocate the total abolition of 
Vivisection (3436). " The conditions which I should like to see 
if it continued, would be those in which all that was done might 
be made amenable to public opinion, so that all that was good in 
vivisection might be utilized, and all the abuses connected with 
it might be put a stop to" (3439). (In reply to the request to 
state in detail what he would recommend should be done, read 
as follows) : " First, all secret or private physiological experiments 
involving the infliction of pain or wounds upon animals to be abso- 
lutely forbidden by law under heavy penalties, involving imprison- 
ment. Secondly, all physiological experiments necessitating wound- 
ing or infliction of pain upon animals to be conducted in a suitable 
hall fitted with the necessary tables and apparatus for practising 
vivisection. The area of the hall thus provided to be overlooked 
by a gallery, or galleries, into which the public could have unre- 
strained access by separate doors. This would offer the following 
advantages, (a.) All experimenters claiming to be humane in 
their practice of vivisection would thus enable the public to form a 
correct estimate of their pretensions. (6.) As the public would not 
be admitted into the area, there could be no inconvenience to 
experimenters from crowding round tables or acts of mistaken zeal 
or feeling, (c.) The public mind and conscience accused at present 



Legislation. 47 



of exaggerations would thus be afforded an opportunity of calming 
and rectifying itself, if no cruelty or other abuses were to be wit- 
nessed, (d) Any abuse or act of cruelty might be witnessed by 
the public, and the guilty party prosecuted and punished at their 
instance, (e.) The animals on which experiments were being tried 
would be protected from cruelty by the presence of the public. 
(/.) Experimenters would be forced to be on their guard against 
£Qlowing any cruelty or even the appearance of it. They would 
thus be rendered more thoughtful of the sentient being under 
experiment, and would therefore resort to vivisection only when 
such seemed necessary or advisable for the elucidation or proof 
of some important fact. (^.) Any person might have the power 
of experimenting there, without special license or qualification, 
under the charge of the superintendent of the institution, who, 
except on the proof of a conviction for cruelty, could refuse 
admission to none while any table or place remained vacant or 
unused. (^.) Any student of medicine wishing to make a speciality 
of physiology could acquire a useful knowledge of this science from 
the gallery, whence he could watch every step in the operation 
of preparing for and performing the experiment. This is an advan- 
tage which cannot be obtained in the best organized classes in 
the world, and is of primary importance, (t.) Any of the stu- 
dents seen in the gallery might be asked to assist in the area at 
any experiment by any of the operators. The number of such 
assistants to be limited (say to five), so as not to inconvenience 
neighbouring experimenters, or permit the place to be converted 
into a class-room for witnessing demonstrations upon animals. 
This measure would benefit the three parties, as an extra assistant 
might enable the anaesthesia to be kept perfect, while by closer 
observance the student would learn better, and the operator would 
have his hands set free for his more special part. (/.) For a like 
reason, the number of persons in the gallery ought also to be 
limited, say to ten, of whom only five might be medical students ; 
all admission therein to be by tickets issued gratis by the superin- 
tendent to all respectable persons above the age of eighteen who 
might apply for them, something like a reading ticket for the 
British Museum. (A:.) For the benefit of the students, or the 
information of the visitor, a placard containing notes of the case to 
be hung in the gallery opposite the experiment to which it refers. 
The anaesthetic, the course of operati(m, and the design aimed at, to 
be fully stated therein by the operator. This card to be held as 
the card giving admission to the operator into the area, and to 
be retained and filed afterwards by the superintendent ; like the 
card case hung over a patient's bed in some hospitals. (Z.) It has 
been objected that no discoveries in science could be prosecuted in 
such a place, as they would become known before the discoverer 



48 Appendix. 



published them, and thus he would lose the coveted fame ; and 
that consequently such discoverers would be discouraged from 
, using the institution. This is possibly the best argument that 
could be offered in favour of such a plan, as, while habitual or 
dilettante vivisectors would be discouraged, all earnest workers for 
the good of humanity would not hesitate to work openly in it at 
any experiment necessary to establish some important or beneficial 
truth, (m.) Animals on which it is intended to study the course of 
disease shall after inoculation, or operation in the hall, be retained 
in premises connected with and attached to the institution. These 
shall also be freely accessible to the public. No animal suffering 
from very painful wounds to be allowed to live, and if in the course 
of any induced disease the animal appears to suffer greatly, it shall 
be destroyed at once ; and any neglect to do so shall constitute an 
act of cruelty for which the owner primarily — failing whom the 
superintendent — shall be held responsible, (w.) Any person or 
corporate body to be at liberty to form or build such an establish- 
ment, for which, after it has been inspected by an officer of Govern- 
ment, a license or permit gratis, or at a nominal fee, shall be issued, 
giving power to keep open the same under charge of a superin- 
tendent, who shall be held responsible for any irregularity or 
cruelty which may occur, along with but after the person com- 
mitting the offence. He shall grant by the afore-mentioned card 
admittance to use the area to any respectable person, and retain the 
same afterwards as a record of the operation. Admission to be 
granted on payment of certain stipulated fees for hourly^ daily, or 
weekly use of the place, (o.) In this establishment all wounding 
of animals calculated to cause much pain under normal conditions 
to be effected only while the animal is fully under the influence of 
some anaesthetic or narcotic, and thereby rendered insensible to 
pain. You will observe that this does not include the whole of an 
experiment, but only that portion in which pain is being inflicted 
by some preliminary operation. (2?.) Curari, or its supposed 
physiological analogues, is never to be used during wounding of or 
upon wounded animals during any experiment, (g.) Lastly, ex- 
periments should be strictly limited to the less sensitive and intel- 
ligent animals, and it should be prohibited to vivisect horses, 
monkeys, dogs, and cats. I recommend no special alteration in the 
law regarding Cruelty to Animals" (3441). "If there be a strong 
objection on the part of physiolo,c;ists to allow any restrictions to be 
laid upon them, then I would take total abolition as the next best 
thing " (4063). " If a license \vas to be looked upon as a restric- 
tion, without being a protection to animals, that should be laid 
aside " (4082). " I am of opinion that demonstrations in class by 
means of painful experiments on animals should be absolutely for- 
bidden by law under heavy penalties. Then, further, I should like 



Legislation. 49 



to express an opinion on the question of limiting permission to per- 
form painful experiments in connection with new discoveries only. 
I think this would be unsatisfactory, because while theoretically it 
would seem to be a safe precaution, practically it would bo of no 
use whatever, as any experiments might be made to bear the desired 
interpretation" (424^. 

John Geay McKendrick, M.D., Lecturer on Physiology 

in the Extra- Academical School of Edinburgh : 

Scarcely sees how any legislation would have any distinct bene- 
ficial effect (3955). Does not see any great objection to licensing 
persons, not special places nor special investigations (3957, 3958). 
Has a private laboratory (3960). "Would certainly object to legis- 
lation which should compel every person engaged in physiological 
research to go to some public and licensed laboratory for the pur- 
pose of making his experiments (3963). 

Joseph Lister, M.B., Professor of Clinical Surgery in the 

University of Edinburgh : 

Should feel it a very doubtful matter whether any legislative 
interference could take place that would not hamper in an undesir- 
able manner such investigations (4299). Thinks legislation would 
bo not only superfluous, but personally should feel it as a sort 
of blot upon our profession, as implying that such legislation was 
necessary (4345). No advantage can possibly be derived that he 
can see by the public witnessing these things (4348). Cannot 
imagine what object there would be in excluding the domestic 
animals, dogs, cats, and horses, from such experiments (4421). 

Egbert McDonnell, M.D., Surgeon to Steeven's Hos- 
pital, Dublin : 

Sees immense dif&culties in practical legislation (4475). Tliinks 
that the position of the physiologists would be improved by legisla- 
tion. Would, as a physiologist, like some legislation to save the 
physiologist from the outcry that has been raised by misstatements 
and exaggerations. Thinks it would be desirable for the physiolo- 
gist to have the protection which would arise from disarming the 
suspicions of the public (4476). Does not think that either of the 
two Bills brought forward last year would very well meet the case 
(4477). Finds great difiiculties with regard to a system of inspec- 
tion — between inspection being a mere sham, and being of a kind 
to interfere with the progress of science (4478). 

John Clela^nd, M.D., Professor of Physiology and Ana- 
tomy, Galway : 
Thinks no further restraint is required than that provided by the 

D 



50 Appendix. 



Cruelty to Animals Act. Cannot see any reason for legislation on 
the subject (4620). Did not know the Cruelty Acts only apply to 
domestic animals (4621). Sees no objection to widening the pre- 
sent Act to include all mammals (4625). 

Charles Darwin, Esq. : 

Cordially approved of the Kesolutions of the British Association 
in 1871 (4664). Took some part in the steps preparatory to Dr. 
Playfair's Bill ; but the Bill did not exactly express the conclusions 
at which, after consultation with several physiologists, we arrived; 
but approved it in the main (4665). 

Francis Sibson, M.D., F.RS., Consulting Physician to 
St. Mary's Hospital : 

Is not fond of restrictions. Thinks that in this country we get 
on far better by being governed by our own conscience, our own 
sense of what is right, and public opinion. Thinks those are far 
better rules than any minute rules that may be laid down, such as 
would interfere, perhaps, with some of the happiest lines of research 
that have ever been undertaken, and put a stop to most important 
investigations (4690). Does not object to the Act for preventing 
Cruelty to Animals (4692). If there were abuses, would not object 
to a law for their correction (4693). But is not at all of opinion 
that such abuses do exist to a sufficient extent as to require legal 
interference (4694). If any legislative measure were adopted which 
would seriously impede the demonstrative teaching of physiology, 
he would consider it an evil, a turning back of the student into the 
old paths which we now feel to be no longer tenable (4711). Has 
never found any English physiologist advocate the doctrine that the 
animal should only be anaesthetized for the physiologist's own con- 
venience, irrespective of the relief of suffering to the animal (4718). 
If such a doctrine obtained any footing in this country, would merit 
repression by legislative interference. If it did come, it must be 
repressed (4720).* 

John Mallet Purser, M.D., Professor of Institutes of 

Medicine, Trinity College, Dublin : 

Considers the matter a very unsuitable subject for legislation 
(4808). Thinks teachers of physiology are, the most competent 
judges of what should be done (4810). Has an impression that aU 
professors will be humane and all students will abstain from expe- 
rimenting ; and his impression on that point is so strong, that he 
thinks legislation would be quite unnecessary, and would do more 
harm than good (482d). 

* Vide Evidence of Dr. Emanuel Klein, pp. 61 seq. 



Legislation. 5 1 



Aethue Gamgee, KD., F.E.S., Brackenbury Professor of 
Physiology, O'wens* College, Manchester : 

Thmks that in reference to physiological labomtories there is no 
need for any legislation. Is, however, on principle, quite prepared 
to say that it might be advisable to restrain the possible perform- 
ance of vivisection by persons not competent (5376). Thinks that 
students should be entirely disqualified from performing any expe- 
riment (5378). Can conceive that a system of licenses could bo 
introduced which would not he prejudicial to science, if no vexa- 
tious interference were exercised (5381). Asked, "Whether, if 
some regulation were proposed which should, without limiting the 
progress of science and the efforts of competent scientific people, 
restrain the performance of operations on living animals by incom- 
petent persons for no definite object and without proper precautions, 
there would be any sentiment on your part that you had been 
affronted by such a regulation?" Answers, "Not at all" (5425). 

Geoege James Allman, M.D., F.RS,, Emeritus Professor 
of Natural History, Edinburgh, President of the Lin- 
nsean Society : 

Thinks Dr. Lyon Playfair's Bill on the whole a good one ; that 
there are some points on which it might be improved ; but thinks it 
very much better than that brought in by Lord Hartismere (5440). 
Attaches importance to keeping a register of air proceedings with 
regard to living animals (5441). Says that he should almost feel 
inclined to suggest the appointment of a Board of Control. Thinks 
that if physiological experiments are tried in license^ places, inspec- 
tion should be allowed, and that a Board should be 'appointed with 
a power of visiting and seeing that there' was no abu&e (5457). 

Sir William Withey Gull, Bart., M.Di, Consulting 

Physician to Guy's Hospital, late FuUerton Professor 

of Physiology at the Eoyal Institute : 

If legislation were calculated to hamper either scientific inquiry 
or the pursuit of science, would think it most deplorable (5472). 
" Even if it were clear of that objection, I should see a moral and 
very serious objection. It would imply that the scientific men of 
this country and the students of science required legislation, which 
I deny (5473). I have thought a good deal on the question how 
far any possible legislation would not throw a shadow upon the fair 
prospects of science, and I feel this, that as all legislation must 
hamper and must hinder, which all legislation is intended for, 
because it is intended to restrict, such restriction where it was 
necessary might fairly, and might I am sure^ as regards public 

d2 



52 Appendix. 



morals and public decency, be left to the high sense of the teachers 
or the students of science and the public ; that whatever legislation 
could do would be repressive, and would be a distinct asssumption 
that there was a public scanda> in a certain way, limited more or 
less, but still a public scandal calling for legislation ; because legis- 
lation could only be called for if there were such a scandal, and 
the prevalence of it were sufficient for legislation. Now I must 
say that with my personal knowledge and long experience, both 
in public and private life, from living at a hospital for fifteen 
years, being acquainted with one of the greatest schools in this 
country, having been occupied with physiology for fourteen years 
of my life, and having a full acquaintance with medical men and 
medical students, and with the difficulties that science has to 
contend against, and looking at the whole subject, I should regard 
any legislation as repressive or hampering, or as casting a shadow 
where it is not deserved. There may be isolated cases of abuse, but 
I doubt even that ; I doubt whether anybody but a madman would 
seek to inflict pain for the pleasure of it ; I do not know of such 
cases. I should regard it as an evil day for this country if the 
Parliament of England should think itself called upon to interfere 
(5475). I should regard it as throwing a shadow, as I have said, 
upon our fair fame, which fair fame should not, I think, receive 
such a blot. Moreover, I think there is such a tendency to igno- 
rance ; there is such a tendency to be satisfied with the knowledge 
we now have; there is such a desire to be governed by what I 
should call weak sentiment — I do not speak unfairly or unkindly, 
but there is such a desire, that I am sure that even the mildest 
legislation would do harm to the progress of science ; not to the 
progress of science in a higher sense, because I think it would not 
hinder the scientific men of this country from pursuing their in- 
quiries ; but I think it would prevent the spread of scientific know- 
ledge amongst students, who are already too glad to get their 
knowledge out of books " (5476). 



William Benjamin Carpentee, C.B., M.D., Registrar of 
London University : 

As far as he understood the details (of Dr. Playfair's Bill), 
there would be, to his apprehension, very grave difficulties in 
working it effectually. For instance, he could not see how it could 
exclude or take cognizance of the performance of physiological 
experiments in private houses, or how it was possible to draw any 
definite line between the performance of an experiment that no 
sensible person could object to, and the performance of a cruel and 
dainful experiment " (5594). 



Legislation. 53 



Peter David Handysidb, M.D., F.R.S.E., Teacher of 
Anatomy in the Edinburgh School of Medicine : 

"Not at all opposed to legislation (5938). Would suggest 
that a system of Licensing woidd afford the general public * ample 
security that the practice of vivisection is nowhere being carried 
on to any objectionable extent.' And the operation of that 
might be, firstly, that certain students and registered practi- 
tioners wishing to conduct original experiments onhj^ should be 
licensed ; secondly, that teachers of anatomy, surgery, and physio- 
logy may be free to repeat such an essential experiment as that 
upon a frog's foot, showing it once to each of their classes; and also 
be free to conduct, in private^ any original experiments under 
anaesthesia, where anaesthetics can properly be used. Then the 
mode of licensing should be two-fold. Firstly, two laymen, such as 
justices of the peace, I think, should be required to say, * We con- 
sider this party and these premises' (I would register both the indi- 
vidual and his premises) ' a proper person to be entrusted with the 
performance of vivisection for original experiments, or for teaching 
purposes, and a proper place for that purpose.' Secondly, to ensure 
that the experiments shall be original, there should be a certificate 
from a public teacher of anatomy, physiology, or surgery in a school 
of medicine, or in the medical faculty of a university, to testify that 
* To my certain knowledge A.B. is a fit and proper person to prac- 
tise vivisection under the statutory regulations* (51^40). Would 
have two justices of the peace. Thinks laymen should be conjoined 
with a professional expert in order to allay public disquietude (5941). 
Thinks it well that lay magistrates should represent the general 
public. Every teacher of anatomy must possess the Home Secre- 
tary's license, countersigned by two justices of the peace ; and not 
only is the teacher licensed, but the place also where ho means to 
practise anatomy (5942). His plan includes three inspectors; one 
for Scotland, one for England, and one for Ireland (5943). Thinks 
we require to have for inspector an experienced practical surgjon, 
anatomist, or physiologist. Thinks these are the only three who 
usually perform such experiments (5944). Would give the inspec- 
tor power to see that the Act is properly carried out. This power 
would run parallel to that of the inspector of anatomy. His 
duties are to see that there are no bodies dissected except those 
that are obtained according to the provisions of the Anatomy Act of 
1832 ; that no one shall offend against the provisions of that Act, 
and that the Home Secretary is furnished quarterly (say, in this 
case, half-yearly) with an official return (5945). Thinks that one 
inspector for each division of the kingdom would be sufficient fop 
this purpose of licensing the practice of vivisection" (5948). 



54 Appendix. 



ti^-^^d-^m 



Edwaed S. Crisp, M.D., practising Physician in London : 

Thinks that with regard to our hospitals a committee should be 
formed at each hospital, who should regulate and control these 
matters, and that all useless experiments on animals oft repeated 
should be done away with (6157). 

James Madbn Holt, M.P. : 

Says, " I come to the conclusion that Parliament would do well 
to abolish the practice altogether, and forbid it under heavy penal- 
ties '* (6176). 

Geoege Henry Lewes, Esq. : 

" Would look with great jealousy upon anything like a definite 
restriction (6343). 

George Eichard Jesse, Esq. : 

" Any scheme for permitting and then * regulating ' scientific 
cruelties, the Society for the AboKtion of Vivisection deems to be 
doing evil in the fallacious hope that good may come; and it 
denounces strongly all legislation that will license cruelty under 
whatever pretence, or repeal in any degree the Magna Charta of 
Animals, 12 <& 13 Vict., c. 92; as to do so is palpably protecting the 
wrong-doer, and actually diminishing the protection to ihcanimal 
creatioti which the existing laws of England afford.' The regulation 
by law of cruelty is an unjustifiable and retrograde movement It 
states as its conviction that the present time is premature for legis- 
lation, inasmuch as the nation' is but slightly informed of the exist- 
ence, extent and nature of vivisection " (6476). 



For convenience of reference, and to afford the reader a 
bird*s-eye view of all the more important legislative plans 
before the public, the Committee here append the chief provi- 
sions of the two Bills introduced last Session into Parliament. 

The following are the chief provisions of the Bill introduced 
in the Session of 1875 into the House of Commons by Dr. 
Lyon Playfair, Mr. Spencer Walpole, and Mr. Evelyn Ashley : 

1. Save ad herein-after mentioned, no person shall, for any pur- 
pose whatever, make an experiment causing pain, or of a nature to 
cause pain, on any live animal. 



Legislation. '55 



Any person acting in contravention of this section shall he guilty 
of a misdemeanor, or shall be liable, on prosecution before a court 
of summary jurisdiction, to a penalty not exceeding j'?/i^yj90Mwrf«, or 
imprisonment for a term not exceeding three months. 

2. Any person, for the purpose of new scientific discovery, but 
for no other purpose, shall be permitted to make an experiment (m 
a live animal of a nature to cause pain notwithstanding this Act 
and the Prevention of Cruelty to Animals Act (passed in the twelfth 
and thirteenth years of Her present Majesty, chapter ninety-two)> 
provided that the following conditions are c6mplied with : 

(1.) That the animal shall first have been made insensible by the 
administration of anaesthetics or otherwise, and shall con- 
tinue to be insensible during the whole of such experi- 
ment; and 

(2.) That, if the nature of the experiment be such as to seriously 
injure the animal, so as to cause to it after-suffering, the 
animal shall be killed immediately on the termination of 
the experiment. 

3. Nothing in this or in the Prevention of Cruelty to Animals 
Act contained shall be taken to prohibit any person holding a 
license, as herein-after provided under this Act, from subjecting any 
live animal to an experiment without the use of anaesthetics, pro- 
vided that in making such experiment the following conditions are 
all complied with : — 

(1.) That the experiment is made for the purpose of new scientific 
discovery, and for no other purpose ; and 

(2.) That insensibility cannot be produced without necesswily 
frustrating the object of the experiment; and that the 
animal shoidd not be subjected to any pain which is not 
necessary for the purpose of the experiment ; and 

(3.) That the experiment be brought to an end as soon as practi- 
cable; and 

(4.) That if the nature of the experiment be such as to seriously 
injure the animal, so as to cause to it after-suffering, the 
animal shall be killed immediately on the termination of 
the experiment : 

(5.) That a register of all experiments made without the use of 
anaesthetics shall be duly kept, and be returned in such 
form and at such times as one of Her Majesty's principal 
Secretaries of State may direct. 

4. Any person desirous to obtain a license under this Act may 
apply for the same to one of Her Majesty's principal Secretaries of 
State. Such application shall be in the form set forth in the 
Schedule to this Act, and shall be signed by the applicant, and 
shall be accompanied by a certificate in form set forth in the same 



56 . Appendix. 



Schedule, and signed by one at least of the following persons 5 viz., 
the President of the Koyal Society, the Presidents of the Eoyal 
Colleges of Surgeons in London, Edinburgh, or Dublin, the Presi- 
dents of the Colleges of Physicians in London, Edinburgh, or Dub- 
lin, and also by a professor of physiology, medicine, or anatomy in 
some university in Great Britain, or recognised by the Colleges of 
Surgeons and Physicians aforesaid. 

Provided that if the applicant be a professor or lecturer of or in 
physiology, medicine, anatomy, or surgery in any university in Great 
Britain, or in any college incorporated by Royal Charter, or a pro- 
fessor or lecturer in any one of such sciences employed by Govern- 
ment, such a certificate shall not be required ; but, instead thereof, 
his application shall be countersigned by the registrar, president, 
principal, or secretary of such university or college. 

5. Upon receiving such application the Secretary of State may, if 
he think fit, grant to the applicant a license under this Act. 

^: A license under this Act shall, unless earlier revoked, be in 
force, in the case of the holder being a professor or lecturer as 
herein-before mentioned, during such time as he shall continue to 
hold such professorship or lectureship, and in any other case for 
the term of five years. Provided that from time to time, when a 
license expires, a Secretary of State shall renew the samQ upon 
receiving a written application from the holder, without requiring 
a fresh certificate or any countersigning of the application, 

7. A Secretary of State may at any time, on cause shown, revoke 
any license granted under this Act. 

8. A license under this Act shall extend to any person assisting 
the holder of the license, provided the person assisting acts in the 
presence and under the directions of such holder. 

9. All offences and penalties under this Act may be prosecuted 
and recovered in manner directed by the Summary Jurisdiction 
Acts before a Court of summary jurisdiction. 

10. Any person who has been convicted of any offence punish- 
able by tlus Act by any justices may appeal in England to the next 
general or quarter sessions of the peace. 



Legislation. 5 7 



The following are the provisions of the Bill introduced in 
the Session of 1875 into the House of Lords by Lord Hartis- 
mere (Lord Henniker) : 

2. It shall not be lawful, after the first day of January one thou- 
sand eight hundred and seventy-six, to perform a vivisection save 
in a place which is registered in pursuance of this Act. 

Notice of any place in which it is intended to perform vivisections 
shall be given in Great Britain to one of Her Majesty's Principal 
Secretaries of State (in this Act referred to as the Secretary of 
State), and in Ireland to the Chief Secretary to the Lord Lieutenant 
of Ireland (in this Act referred to as the Chief Secretary), such 
notice shall be signed by a member of some college of physicians or 
surgeons, and shall sufficiently describe the place in respect of which 
it is given ; and the Secretary of State or Chief Secretary shall 
cause any place with respect to which such notice has been given, 
to be entered on a register to be kept for the purposes of this Act, 
in such form and under the management of such persons as the 
Secretary of State and Chief Secretary may respectively direct. 

An entry on the register in pursuance of this section shall con- 
tinue in force for twelve months from the date thereof and no 
longer; but such entry may be at any time renewed on a fresh 
notice being given as required by this section. 

Any person who, after the first day of January one thousand 
eight hundred and seventy-six, performs a vivisection in a place 
which is not registered in conformity with this section, shall be 
deemed to have committed an offence against this Act. 

The Secretary of State or Chief Secretary may remove any regis- 
tered place from the register on its being proved to his satisfaction 
that any provision of this Act has been contravened in such place. 

3. Any inspector of anatomy may at any time visit and inspect 
any place which is for the time being registered in pursuance of this 
Act. 

4. A vivisection shall not (save as herein-after mentioned), after 
the first day of January one thousand eight hundred and seventy- 
six, be performed on any animal until such animal has been placed 
completely under the influence of an anaesthetic ; and for the pur- 
poses of this section the substance called urari or curare shall not be 
deemed to be an anaesthetic. 

Any person may apply to the Secretary of State or Chief Secretary 
for a special license to perform vivisections without the use of 
anaesthetics, and the Secretary of State or Chief Secretary may, as 
he thinks fit, grant or refuse such license. 



58 Appendix. 



There shall be paid in respect* of every such license a sum not 
exceeding ten pounds, and every such license shall continue in force 
for six months, and no longer. 

Any person who performs a vivisection in contravention of this 
section shall be deemed to have committed an offence against this 
Act. 

5, A justice of the peace, on information on oath thai there is 
reasonable ground to believe that vivisections are performed at any 
place not registered in, pursuance of this Act, may issue his warrant 
authorising any officer of police to enter and search such place, and 
to take the names of the persons found therein. 

Any person who refuses admission on demand to a police officer 
so authorised, or who obstructs such officer *in the execution of 
his duty under this section, or who refuses on demand to disdose 
his name and address, shall be liable to a penalty not exceeding five 
pounds. 

6. Any person who coinmits any offence against this Act for 
which no other penalty is imposed shall be liable to a penalty not 
exceeding, twenty pounds; 

All offences and penalties under this Act may be prosecuted and 
recovered in manner directed by the Summary Jurisdiction Acts 
before a court of summary jurisdiction. 

The term " Summaiy Jurisdiction Acts" means as follows : 

As to England, the Act of the session of the eleventh and twelfth 
years of the reign of Her present Majesty, chapter forty-three, 
intituled "An Act to facilitate the performance of the duties of 
justices of the peace out of sessions within England and 
"Wales with respect to summary convictions and orders," and 
any Acts amending the same : 

As to Scotland, "The Summary Procedure Act, 1864:" 

As to Ireland, within the police district of Dublin metropolis, the 
Acts regulating the powers and duties of justices of the peace 
for such district, or of the police of such district ; and else- 
where in Ireland, "The Petty Sessions (Ireland) Act, 1851," 
and any Act amending the same : 

The term "court of summary jurisdiction" means in England 
and Ireland any two justices of the peace or any metropolitan 
stipendiary or other magistrate empowe]:ed by law to do alone 
or with others any act authorised to be done by more than one 
justice of the peace; and in Scotland any justice or justices of 
the peace, sheriff, or other magistrate by whatever name called, 
proceedings before whom for the trial or prosecution of any 
offence or for the recovery of any penalty under any Act Of 



Legislation. 59 



Parliament, the provisions of the Summary Jurisdiction Act, 
1864, may be applied : 

In Scotland the following provisions shall have effect : 

(1.) All jurisdiction, powers, and authorities necessary for the 
court of summary jurisdiction under this Act are hereby 
conferred on that court : 

(2.) Every person found liable under this Act in any penalty 
shall be liable in default of immediate payment to im- 
prisonment for a term not exceeding three months, and 
the conviction and warrant may be in the form of No. 3 
of Schedule K. of the Summary Procedure Act, 1864. 

» 

7. In this Act, the term " vivisection " includes the cutting or 
wounding, or treating with galvanism or other appliances, any living 
vertebrate animal for purposes of physiological research or demon- 
stration, also the artificial production in any living vertebrate animal 
of painful disease for purposes of physiological research or demon- 
stration. 



(E.) 

Extracts of Evidenoe on Sensibility and Aneesthetios. 



Among the numerous illustrations to be traced throughout 
the Evidence before us of the unsatisfactory nature of the 
results of the thousands of experiments made by Vivisectors, 
not the least striking is the absolute difference of opinion 
which appears to prevail among the most eminent of them 
respecting the most elementary fact which their investigations 
might have ascertained, namely, the Sensibility of Animals, 
and the influence upon them of various anaesthetics and nar- 
cotics. 

Here, for example, are Dr. Pavy and Dr. Sibson s state- 
ments, tending to show that baking and starvation to death 
are not very painful, only a slight discomfort. 

Dr. Pavy: 

"Should not think a healthy frog sufFeris very much the ex- 
perience of being put into hoiling water (2159). I think we should 
not feel any pain (if we were put into water, and the temperature 
gradually raised to -the hoiling point). . . . The water would have 
the effect of raising the temperature of the body ; and when the 
temperature of the body reaches about 10 or 12 degrees above the 
normal point, death ensues ; so that death would ensue long before 
the animal could be sulgected to the influence of the boiliug water 
(2160). 

[It is respectfully suggested whether, under these new phy- 
siological views, recourse ought not to be had to the old prac- 
tice of boiling criminals to death, as the most humane and 
painless mode of execution !] 



Sensibility and Anesthetics. 6i 



Dr. SiBSON: 

(Asked whether he would deny that the suflfering involved in 
raising the temperature of animals till they died would be very 
severe ?) " That is a question that I happen to have paid a great 
deal of attention to, and I am not of opinion that it would produce 
great suflfering " (4745). Thinks, nevertheless, that Goltz s experi- 
ment of boiling a frog to death is " a horrible idea " (4750). 
(Asked whether he would say the same of Chossat's experiments of 
starving animals to death, that very little suflfering was involved in 
these experiments ?) " I am very familiar with these experiments ; 
I have been over them again and again, and I would say the very 
same of those, that there was very little suflfering inflicted on those 
animals by the process of starvation which they were subjected to 
by Chossat" (4751). (Asked whether, supposing that urari is in no 
respect an anaesthetic, he would say that a painful operation, lasting 
half-an-hour, and followed by experiments, in which the bile-ducts 
are acted upon by medicines during eight and a half hours more, 
wo^^d be very painful or not?) "I do not think they would be 
very painful " (4760). (Asked whether the earlier stages of starva- 
tion are not painful V) says, " I do not know. There must be some 
discomfort undoubtedly ; but it is a very slight discomfort, I 
imagine" (4787). (Asked whether, when sailors are exposed to 
starvation by loss of their vessel, he considers their suflferings only 
amount to cQscomfort or inconvenience and do not merit the name 
of extreme pain X) answers, " I should say so, certainly " (4789). 

Dr. Walker, on the contrary, testifies not only to the pain 
of the animals under starvation, but to the hardening eflfect on 
experimenters of making such experiments : 

" I can only repeat what I have said just now, that Nature will 
not suspend her laws to please me or any particular individual, or 
any particular theory, and that vivisectors are not exempt from the 
law of habit. I can bring you two or three cases to prove the 
hardening eflfect of habit. An observation, which first brought to 
my notice the hardening eflfect of habit, both moral and physical, is 
this. I used to dine very often with a lecturer on physiology, and 
one night I found that I could not enjoy either my cigar or my 
dinner, because the day before we had gone through the laboratory, 
and I could not get rid of the imploring look of the dogs which 
hoped for some food every time that .they saw a human being, the 
patient suflfering of the fowls, and of the desperate efforts made by 
some rabbits to allay the pangs of hunger with anything to engage 
the digestion ; and it appeared to me that my friend was indiffer- 
ent. He had been a vivisector some years ; I was a beginner -' 
4908). 



62 Appendix. 



Dr. Pbitchard says : 

" I have performed some thousands of operations on animals (as a 
veterinary surgeon), and I have never yet been able to detect any dif- 
ference in sensation between the skin of either one or the other and 
the human subject beyond this, that the cuticle is thicker in some 
animals than in others, and of course the knife has to penetrate 
deeper to reach the sensitive structure; but when once it has 
reached the sensitive, I think it is as sensitive in the one animal as 
the other" (846). 

Mr. SwAYNE Taylor : 

^' A dog experiences the effects of poison (of all animals) most 
like a human being. "The doses of* poison for a middle-sized dog 
are similar to those which will act on a human being ; the symp- 
toms of suffering are really very much the same (1202). There 
is something very dreadful in the operation of strychnine upon an 
animal. Ko doubt it suffers agonizing pain '' (1219). 

Dr. Simon : 
"Has no doubt as to the frog's fall sensibility to pain" (1499). 

But Dr. Lister : 

" Does not believe that the sufferings of the frog are worthy of 
serious consideration " (4420). 

Dr. Anthony: 

"Thinks you might fairly take the amount of intelligence as 
almost the measure of sensation !' (2598). 

But Dr. EuTHERFORD says : 
" It is wonderful what you may do to a sheep-dog without the 
animal making any commotion" (2871). 

Again : Throughout a large part of this evidence, and gene- 
rally in aU. apologies for vivisection, the use of ansesthetics is 
brought prominently forward, as if they annihilated the pain 
of the animal, and even the most prolonged and seemingly 
frightful experiments were rendered wholly painless. Many 
incidental statements and admissions, however, justify the 
remark in Dr. Hoggan's letter to the Morning Post last 
spring, that anaesthetics "prove far more eflScacious in 
lulling public feeling towards the vivisectors than pain in 
the vivisected" (4108) ;. and Dr. Walker's statement before the 
Commission: 



Sensibility and A ncesthetics. 63 



" When an experimenter says, as ia said in a recent publication, 
that ' before and throughout these experiments anaesthetics were 
used,' it is perfectly true \ but if by that you choose to understand 
that while the animal lived and was experimented on he W6is in- 
sensible, it is the greatest delusion that ever was" (1810). 

Sir J. Paget : 

^ Physiological experiments may be done under anaesthesia, but 
if the anaesthetic is not well given the animal gets out of its influ- 
ence (350). The end of that course of observations was to find out 
that we have no certain means by which the fatal effects of chloro- 
form can be prevented. I believe that from twenty to thirty per- 
sons die of the effects of chloroform every year in the British Island 
alone (380). 

Dr. Pmtchard tells us, that 

" Chloroform poisons the blood of a horse ; has to be adminis- 
tered in very large quantities (794). I should never think of 
applying chloroform to dogs at all. They appear for some time not 
to be under the influence of it at all, and then suddenly they come 
under the influence of it, and we find it impossible to bring them 
round (798). Would use it on a cat " (801). 

Dr. Crichton Brown : 

"The sacrifice of animals was twenty-nine, and of these five 
l^nimals died before they were touched, from the effects of the anaes- 
thetic, showing that it was carefully given" (3178). 

The practice of these eminent gentlemen is as various as 
their theories. Dr. Schafer avows that he never admini- 
sters anaesthetics to frogs (3797). Dr. McDonnel boasts that 
he always does so. Dr. Cleland honestly confesses, "It 
never occurred to me to apply an anaesthetic to a frog" 
(4615). In brie^ no rule appears to prevail, either in theory 
or practice, on a matter whereon must hinge the question 
of whether an immense mass of experiments are wholly pain* 
less (and morally blameless), or whether they involve the 
double torment, the hypercesthesia, which some of the highest 
authorities have aflSrmed they produce. A remark of Dr. 
Swayne Taylor seems unintentionally to exhibit the scientific 
men of Europe much in the aspect of school-boys playing 
with weapons of which they understand neither the use nor 
nature. 



64 Appendix. 



Dr. SwAYNE Taylor : 

" I should doubt wliether the muscles are not affected through 
the nerves (under curare), but it depends on whether you use the 
curare extract or the alkaloid called curarina, I believe there is not 
a grain of the alkaloid in this country. I have only the curare 
extract, and that is a preparation made by the American Indians — 
we do not exactly know how, and we are not quite sure whether it 
is always made the same way (1192). The alkaloid no doubt would 
destroy sensation; the other thing, the curare, might or might not ; 
its effects are variable" (1244). 

Mr. ScHAFER says : 

" We do not know what anaesthetic to apply to frogs. We do 
not know that the anaesthetic would not give as much pain as the 
operation itself" (3797). 

Dr. Gamgee, r.E.S., goes so far as to question whether 
even the decapitation of a frog puts an end to all sensibility 
to suffering : 

" There are innumerable facts which make it almost certain that 
if a person were decapitated, the head would not feeL Xow it is 
conceivable that things may be different in cold-blooded animals. 
Their tissues are capable of living for a longer time when deprived 
of blood, and therefore I have always been in the habit, after 
decapitating the head of a frog, of at once crushing the head" 
(5414). 

Dr. Cleland : 

Asked, " Have you ever considered how far frogs can be anaes- 
thetised?" — "I have tried to make up my mind how far the frog 
feels at all, and I own that I have not come to any conclusion on 
the subject" (4614). 



(P.) 

Extracts of Evidence concerning Foreigrn Physiologists. 



1^,^ — 



As an illustration of the reasons for alarm at the importa- 
tion of foreign teachers, and the influence of foreign example 
in English physiological laboratories, attention is respectfully 
called to the following extracts from the evidence of Dr. 
Emanuel Klein, the only foreigner examined by the Com- 
mission. Two others were recently established in this coun- 
try, namely, M. Vignal, assistant to Dr. Eutherford in his 
celebrated experiments in Edinburgh, and M. Dupuy, a French 
vivisector, who (it would appear from the questions of the 
Commission to Dr. Burdon Sanderson) was appointed Lecturer 
on Physiology at the London School of Medicine for Women, 
but resigned his oflfice when the lady students objected to 
attend at his vivisectional experiments (2792). Dr. Klein, 
however, as above stated, was alone examined by the Eoyal 
Commission, who in their Eeport give the following account of 
the duplicate appearance of his evidence in their Blue Book : 

"Dr. Emanuel Klein, assistant professor at the laboratory of the 
Brown Institution, lecturer on general histology at St. Bartholo- 
mew's Hospital, gave evidence before us. Dr. Klein has acted in 
the investigations which have been conducted under the medical 
officer of the Privy Council, and is author of the first part of the 
Handbook to which wo shall have to refer. The proof of his 
evidence was sent to him in the usual course for his corrections. 
This he returned with alterations which appeared to us to be 
so much at variance with the letter and spirit of the answers he had 
given us at his examination, that we felt ourselves unable to receive 
them as an authentic report of his evidence. In consequence of 
this refusal he has requested permission to withdraw the evidence. 

E 



66 Appendix. 



We have thought that this course would not be right, and we have 
included in the minutes the shorthand writer's note as it was origi- 
nally taken, and have given in the Appendix the amended proof 
submitted to us, with the correspondence on the subject." 

The following facts must be borne in mind to understand 
the importance of this revelation of the principles and tone of 
feeling of foreign physiologists. 

Dr. Klein has been engaged for four years as Assistant in 
the Brown Institute (3688), a humane foundation intended 
for the relief and cure of the diseases of animals, but 
where it now appears more animals are kept for painful ex- 
periments than are kept for cure (2815, 2816). He came 
direct from Vienna (3689), and has been since associated with 
Dr. Burdon Sanderson, not only at the Brown Institute, but 
also with him and Dr. Brunton and Dr. Michael Foster in the 
composition of the Handbook of the Physiological Laboratory, 
He has been entrusted by Mr. Simon (Medical Officer to the 
Privy Council, who has the expenditure of the annual grant of 
£2000 for scientific purposes) with making certain pathological 
investigations on animals ; and it appears that Mr. Simon gave 
him only " general instructions '* on the subject, and did not 
convey to him the rule laid down in Mr. Forster's Minute, 
"that in any severely painful operation chloroform is to be 
administered for any experiment connected with the Privy 
Council" (3650). Finally, Dr. Klein holds the appointment 
of Lecturer on General Histology at the Medical School of 
St. Bartholomew's Hospital. Carrying these J^cts with us, 
Dr. Klein's candid avowals appear to cast painful light on the 
statements of some English physiologists and their advocates 
concerning foreign scientific education ; as, for example, Dr. 
Burdon Sanderson's remark, that he "wishes to see the type of 
education here more like the type of education in Germany " 
(2732) ; Dr. Gamgee's eulogium on Professor Ludwig, of. 
Leipsic, who, he is " certain, is as cautious in the performance 
of any experiment on a living animal as any English physio- 
logist that ever lived, and who has been the teacher of nearly 



Foreign Physiologists. • 67 

• 

all the physiologists in Europe, and has indoctrinated nearly 
the whole of them in the methods of physiological inquiry " 
(5418); and, finally, Mr. Simon*s testimony to the "kindness" 
of Dr. Burden Sanderson and Dr. Klein when interrogated, 
"Whether he did not think that the habit of regarding animals 
as a mere battery of vital forces on which particular results 
are to be studied, necessarily to a certain extent produces the 
efifect of diminishing the sympathy with their sufferings ?" — 
" I think not," said Mr. Simon. " I do not know anywhere a 
kinder person than Dr. Burden Sanderson " (1 476). " Or than 
Dr. Klein, for instance?" asked the Commission. "I have 
no reason," said Mr. Simon, "to think otherwise of him ' 
(1477). 

These, then, in brief, are the views and practice of a gentle- 
man invited to assist English physiologists, and to instruct 
the students in St. Bartholomew's Hospital, and charged by 
the Medical Officer of the Privy Council (without any caution 
on the side of humanity) with carrying out experiments on 
animals at the public expense. 

It has been thought advisable to follow the example of the 
Eoyal Commissioners, by giving the Evidence as offered before 
the Commission, and as it was subsequently altered by Dr. 
Klein. It may be found specially interesting to compare those 
answers against which an asterisk has been placed. 



68 



Appendix. 



Dr. KLEIN'S EVIDENCE, 

From the Short-hand Notes of the 
Secretary of the Royal Commission. 

(Minutes, p. 183 seq.) 

3528. (Chairman.) Are you Assistant 
Professor at the Laboratory of the Brown 
Institution ? — Yes. 

3529. Do* you hold any other public 
appointment? — I am Lecturer on His- 
tology at the Medical School of St. Bar- 
tholomew's Hospital. 

3530. Are you the author of the first 
section of this book, which is known as 
a handbook for the physiological labora- 
tory ? — Yes. 

*3538. What is your own practice with 
egard to the use of anaesthetics in expe- 
riments that are otherwise painful ? — 
Except for teaching purposes, for jdemon- 
stration, I never use anaesthetics, where 
it is not necessary for convenience. If 
I demonstrate, I use anaesthetics. If I 
do experiments for my inquiries in pa- 
hological research, except for conveni- 
ence sake, as for instance on dogs and 
cats, I do not use them. On frogs and 
the lower animals I never use them. 



*3539. When you say that you only 
use them for convenience sake, do you 
mean that you have no regard at all to 
the suflferings of the animals? — No re- 
gard at all. 

*3540. You are prepared to establish 
that as a principle which you approve ? — 
I think that with regard to an experi- 
mentor, a man who conducts special 
research, and performs an experiment, 
he has no time, so to speak, for think- 
ing what will the animal feel or suffer. 
His only purpose is to perform the expe- 



Dr. KLEIN'S EVIDENCE, 

As altered by himself, and rejected 
by the Royal Commission. 

(Appendix, p. 327.) 

3528. (C^atrmoTi.) Are you Assistant 
Professor at the Laboratory of the Brown 
Institution ? — Yes. 

8529. Do you hold any other public 
appointment ? — I am Lecturer on General 
Histology at the Medical School of St. 
Bartholomew's Hospital. 

3530. Are you the author of the first 
section of this book, which is known as 
a handbook for the physiological labora- 
tory ? — Yes. 

8538. What is your own practice with 
regard to the use of anaesthetics in expe- 
riments that are otherwise x)ainful? — 
My own experiments do not involve very 
painful operations ; and in them, except 
for teaching purposes, for demonstration, 
I never use anaesthetics, where it is not 
necessary to facilitate the proceedings. 
If I demonstrate, I use anaesthetics. If 
I do the experiments for mj pathological 
research, except for convenience sake, 
as for instance on dogs and cats, I do not 
use them. On frogs and like animals I 
never use them. 

3539. When you say that you only use 
them for convenience sake, do you mean 
that you have no regard at all to the 
sufferings of the animals ? — No regard at 
all for such little suffering as is in my 
operations. 

3540. You are prepared to establish 
that as a principle which you approve ? — 
I think that with regard to an experi- 
menter ; a man who conducts special 
research and performs an experiment has 
no time, so to speak, for thinking what 
the animal feels or suffers. If anaesthe- 
tics ought to be used, he uses them. If 



Foreign Physiologists. 69 



riment, to learn as mucli from it as not, he is like a man who performs a 
possible, and to do it as quickly as pos- surgical operation in like circumstances, 
sible. His only purpose is to perform the expe- 

riment, to learn as much from it as pos- 
sible, and to do it as quickly as possible. 
*3541. Then for your own purposes you 3541. Then for your own purposes you 
disregard entirely the question of the disregard entirely the question of the 
suffering of the animal in performing a suffiering of the animal in performing a 
painful experiment ? — I do. painful experiment ? — To the small ex- 

tent which I have described, I do. 
3542. Why do you regard it then when 3542. Why do you regard it then when 
it is for a demonstration ? — Because I it is for a demonstration ? — Because I 
know that there is a great deal of feeling know that there is a great deal of feeling 
against it in this country, and when it against it in this countxy, and when it 
is not necessary, one should not perhaps is unnecessary, one should not perhaps 
act against the opinion or the belief of act against the opinion or the belief of 
certain individuals of the auditorium, certain individuals of the auditorium. 
One must take regard of the feelings and One ought to take regard of the feelings 
opinions of those people before whom and opinions of those persons before 
one does the experiment. whom one does the experiment. 

*3543. Then am I wrong in attribut- 3543. Then am I wrong in attributing 
ing to you that you separate yourself to you that you separate yourself en- 
entirely from the feeling which you ob- tirely from the feeling which you observe 
serve to prevail in this country in regard to prevail in this country in regard to 
to humanity to animals?— I separate humanity to animals? — I separate myself 
myself as an investigator from myself as as an investigator from myself as a 
a teacher. teacher. I separate myself as an inves- 

tigator, when I consult only my own 
feelings, from my position as a teacher, 
who has to consult and respect the feel- 
ings of others. I am as much opposed 
as any one in this country to unnecessary 
or unprofitable cruelty to animals ; but, 
for the purposes of scientific investiga- 
tion, I hold that I have the same right 
to use the lower animals as has the 
sportsman and others in this country. 
*3544. But in regard to your proceed- 3544. But in regard to your proceed- 
ings as an investigator, you are prepared ings as an investigator, you are prepared 
to acknowledge that you hold as entirely to acknowledge that you hold as entirely 
indifferent the sufferings of the animsd indifferent the suffierings of the anima 
which is subjected to your investigation ? which ia subjected to your investigation 
Yes. During the time of the experiment, and 

so far as indispensable for its purpose, 
yes. 
%^ih,(L(yrdWinmfirldgK,) Had you 8546. {LwdWimaarUigh,) Had you 
practised before coming to England % — practised before coming to England f-» 
Tes, in Vienna. Yes, in Vienna. 



70 



Appendix. 



*3546. Do you believe that that is a 
general practice on the Continent, to 
disregard altogether the feelings of the 
animals ? — I belieye so. 



3547. Hare yon, since you have come 
to this country, had any proof of what 
you state now with regard to the differ- 
ent feeling that j)ervades the inhabitants 
of England with regard to the feelings 
of the animals on which you operate ? 
Have you had any instances of the con- 
traiy feeling to that which you have just 
mentioned, cm the part of Englishmen, 
since you )iava,C|Dme to tbis.cou];itry ?-r- 
Tes, thpre. if a gre^t deal of difference. 

3543. :Tou have seen it exhibited ?— 
Yes. 
*3549. Would you give the Commis- 
sion an instance in which any such feel- 
ing has been exhibited ?— I mean with 
regard to the journals ; the outcry and 
agitation carried on in the different 
journals against the practice of vivisec- 
tion. There is no snch thing abroad ; 
there the general public takes no view, 
does not claim to pronounce any criti- 
cism or any judgment about scientific 
teaching or physiology in general. 



*3553. But you believe that generally 
speaking there is a very different feeling 
in England ?— Not amongst the physio- 
logists ; I do not think there is. 

*3554. But amongst the people of En- 
glaad do you think there is a very dif- 
ferent feeling from what exists upon the 
Continent on this subject ?— Tes, I think 

BO. 



8555. Seeing that there is that feel- 



3546. Do you believe that that is a 
general practice on the Continent, to 
disregard altogether the feelings of the 
animals ? — I believe that, there as here, 
in cases where it is necessary to inflict 
pain, the experimenter (like an operating 
surgeon) would disregard the pain. 

3547. Have you, since you have come 
to this country, had any proof of what 
yqu state now with regard to the differ- 
ent feeling that pervades the inhabitants 
of England with regard to the feelings 
of the animals on which you operate ? 
Have you had any instances of the con- 
trary feeling to that wh^ch you have just 
mentioned, on the i>;^ of Englislimen, 
since you have come to this country ? — 
Tes, there is a great deal of difference. 

3548. You have seen.it exhibited ? — 
Yes. 

3549. Would you give the Coitimission 
an instance in which any such feeling 
has been exhibited ? — I mean with re- 
gard to the journals ; the agitation car- 
ried on in the different journals against 
what is called vivisection. There is no 
sach thing abroad ; there the general 
public takes no view, does not claim to 
pronounce any criticism or any judgment 
about scientific teaching and research in 
general. It assumes that men of science, 
like men in general, have conscience 
enough not needlessly to hurt brute ani- 
mals. 

3353. But you believe that generally 
speaking there is "a very different feeling 
in England ? — Not amongst the physio- 
logists ; I do not think there is, but I 
cannot speak with authority. 

3554. Bat amongst the people of En- 
gland do you think there is a very dif- 
ferent feeling from what exists upon the 
Continent on this subject ? — Yes, I think 
so. In England they seem more disposed 
to take care of other people's consciences 
in matters they do not clearly under- 
stand. 

3555. Seeing that there is that feel 



Foreign Physiologists. 



71 



ing, have you found that in yielding to 
that feeling in your lectures your expe- 
riments have not been so effective as 
they would have been if you had acted 
without anfflsthetics? — Well, really I 
could not say. 

3556. How long have you practised in 
England ? — Four years and a half now. 
*3562. Could you explain more in Re- 
tail why you think it necessary, besides 
the point of time, to abstain from the 
use of anaesthetics in cases of research ? 
I fancy the whole attention of the in- 
vestigator is drawn to the purpose of the 
experiment. He has made clear to him- 
self what he is going to do, how he is 
going to do it, and what he is going to 
learn by it. He generally chloroforms a 
dog when he experiments on a dog for 
convenience sake, in order not to be dis- 
turbed by the howling and the resistr 
ance; and so with cats. He does not 
do it with frogs. I do not think we 
have any right to regard the sensibility 
and feeling of a frog as being of a very 
high degree. And just as little as a 
sportsman or a cook goes inquiring into 
the detail of the whole business while 
the sportman is hunting or the cook 
putting a lobster into boiling water, 
just as little as one may expect these 
persons to go inquiring into the detail 
of the feeling of the animal, just as little 
can the physiologist or the investigator 
be expected to devote time and thought 
to inquiring what this animal will feel 
while he is doing the experiment. His 
whole attention is only directed to the 
making the experiment^ how to do it 
quickly, and to learn the most that he 
can from it. 



*3563. But do you think that where 
it is only a question of time a professor 



ing, have you found that in yielding to 
that feeling in your lectures, your expe- 
riments have not been so effective as 
they would have been if you had acted 
without anaesthetics? — Well, really I 
could not say. I have had no opportunity 
of judging. 

3556. How long have yon practised in 
England ? — Four years and a half now. 

3562. Could you explain more in de- 
tail why you think it necessary, besides 
the point of time, to abstain from the 
use of anaesthetics in cases of research ! 
Let me again explain that my experi- 
ments do not involve severely painful 
operations, and I therefore am speaking 
of the (so to speak) superfluous use of 
anaesthetics. Where superfluous, they 
are to be objected to, because the whole 
attention of the investigator ought to be 
given to the purpose of the experiment. 
He has made clear to himself what he is 
going to do, how he is going to do it, 
and what he is going to learn by it. He 
generally chloroforms a dog when he 
experiments on a dog for convenience 
sake, in order not to be disturbed by the 
howling and the resistance ; and so with 
cats. He does not do it with frogs. I 
do not think we have any right to regard 
the sensibility and feeling of a frog as 
being of a very high degree. And just 
as little as a sportsman or a cook goes 
inquiring while the sportsman is hunt- 
ing or the cook putting a lobster into 
boiling water, just as little as one may 
expect these pei'sons go inquiring into 
the detail of the feeling of the animal, 
just as little can the physiologist or the 
investigator be expected to devote time 
and thought to inquiring what this ani- 
mal feels while he is doing the experi- 
ment. His whole attention is only 
directed to the making th^ experiment, 
how to do it quickly, and to learn the 
most from it that he can. 

3563. But do you think that where 
it is only a question of time a professor 



72 Appendix. 



of physdology is not boand to consult of physiology is not bound to consult 

humanitarian feelings ?^-I must again humanitarian feelings ? — Certainly ; but 

draw a distinction between an invest!- I must again draw a distinction between 

gator and a professor of physiology. I an investigator and a professor of phy- 

understand a professor of physiology is siology. I understand a professor of 

a man who teaches, and there I think physiology to be a man who teaches, 

it is quite right before a class that when and there I think it is quite right that 

one performs an experiment one should when one performs an experiment before 

use aniesthetics, but an investigator has a class one should use anaesthetics, but 

no time. I myself, when I am going to an investigator has no occasion to use 

make an experiment for pathological re- anaesthetics except from the real neces- 

search, have no time really with regard sity of the case and where severely pain- 

what the animal will feel. ful operations are in question. 

8564. Is that really the only reason 8564. Is that really the only reason 
that you can give for not using anaes- that you can give for not using anaes- 
thetics ? — It is to a great extent ; it is thetics \ — It is to a great extent ; it is 
the chief reason I should say ; there is the chief reason I should say ; there is 
no place for considering that point. no place for considering that point. 

3568. Have you found much progress 3568. Have you found much progress 
in physiological science lately in this in physiological science lately in this 
country ? — I think so. country ? — I think so, very considerable. 

3569. You find more attention given 3569. You find more attention given 
to it than when you first came ? — Yes, to it than when you first came ? — ^Yes, 
considerably more. considerably more. 

3596. Have you, for private investi- 3596. Have you, for private investi- 
gation, tried any experiments on dogs or gation, tried any experiments on dogs or 
cats, not pathalogical, but physiological cats, not pathalogical, but physiological 
experiments ?— No, not directly for phy- experiments ? — No, not directly for phy- 
siological experiments. I may have Biological experiments. I may have 
used a dog which has been used at th^ used a dog which has been used at the 
same time for pathological purposes, also same time for pathological purposes, also 
for physiological. for physiological. 

8597. (Chairman.) When you use a 8597. (Chairman.) When you use a 

dog for physiological purposes, do you dog for physiological purposes, do you 

adopt any particular mode of fastening adopt any particular mode of fastening 

that dog ? — No ; it is fastened on a large that dog ? — No, it is fastened on a large 

board, the four limbs are fastened. board, the four limbs are fastened. 

3598. And how are they fastened ? — 8598. And how are they fastened ? — 
With broad bands. With broad bands, as when giving chlo- 
roform. 

3599. (Mr. Forster. ) You were stating 3599. {Mr. Fonter.) You were stating 
that you considered it was so important that you considered it was so important 
to be absorbed upon the object of the to be absorbed upon the object of the 
experiment, that you could think of no- experiment, that you could think of no- 
thing else, and therefore could not really, thing else, and therefore could not really, 
in your opinion, afford time to consider in your opinion, afford time to consider 
the feelings of the animal ; do you not the feelings of the animal ; do you not 
sometimes find an inconvenient inter- sometimes find an inconvenient inter- 



Foreign Physiologists. 



n 



mption from tbe cries of the animal ? — 
Only then I do use chloroform, that is 
what I said ; I use anaesthetics for con- 
venience sake. 

3600. Do you ever use curari for that 
purpose, to stop the cries ? — Curari 
involves other difficulties ; the animal 
ceases to breathe because it paralyses 
the movement for breathing, and that 
might be against the object of the ex- 
periment. The animal, for instance, is 
to be kept alive after the experiment 
was over for some time ; that could not 
be done after artificial respiration has 
been used. 

3601. But practically, has not the 
howling of the dogs interfered with ex- 
X)eriments? — Dogs do howl also when 
you chloroform them. 

3602. Do you try experiments with 
any animals that do not signify pain so 
loudly ?— Babbits. 

3603. They do not howl, I suppose ? 
They do not. 

3604. Then of course the same motive 
would not induce you to use chloroform 
in their case ? — No. 

*3605. In fact, I suppose with rabbits 
you would not use chloroform? — I use 
chloral hydrate ; but, as a general rule, 
for my scientific investigations, I do not 
use chloroform, or any other anaesthetic, 
except for convenience sake, in dogs and 
cats, and for no other animals as a 
general rule. There may be exceptions 
perhaps, but as a general rule, I think 
I am safe in saying I do not use it. 



*3606. You gave it as your opinion, 
that your views on the subject, although 
not shared by the British public gene- 
rally, were the views of the Bntish 
physiologists?— I would not say that dis- 



ruption from the cries of the animal ? — 
I do then use chloroform, that is what I 
said ; I use anaesthetics for convenience 
sake in the sense already spoken of. 

3600. Do you ever use curare for that 
purpose, to stop the cries ? — Curare 
involves other difficulties ; the animal 
ceases to breathe because it paralyses 
the movement for breathing, and that 
might be against the object of the ex- 
periment. Tbe animal, for instance, is 
to be kept alive for some time after the 
experiment is over; that could not be 
done after artificial respiration has been 
induced. 

3601. But practically, has not the 
howling of the dogs interfered with ex- 
periments ? — Dogs do howl aLso when 
you chloroform them. 

3602. Do you try experiments with 
any animals that do not signify pain so 
loudly ?— Babbits. 

3603. They do not howl, I suppose ? 
They do not. 

3604. Then of course the same motive 
would not induce you to use chloroform 
in their case ? — No. 

3605. In fact, I suppose with rabbits 
you would not use chloroform ? — I prefer 
^nd use chloral hydrate ; but, as a 
general rule, for any not severely painful 
scientific investigations, I do not use 
chloroform, or any other ansesthetic, ex- 
cept for convenience sake, in dogs and 
cats, and for no other animals as a 
general rule. There may be exceptions 
perhaps, but as a general rule, I think 
I am safe in saying I do not use it. I 
wish distinctly that it be understood 
that I refer only to such experiments as 
I myself make, namely, injection into 
the abdominal cavity and injection into 
the vein. 

3606. You gave it as your opinion, 
that your views on the subject, although 
not shared by the British public gene- 
rally, were tbe views of the British 
physiologists?-— I would not say that dis- 



74 



Appendix. 



tinctly, but I know a few of them, and 
I think that is the view held by them. 



3612. But what experiments you have 
tried have been tried in the Brown In- 
stitution at your own cost, I suppose? — 
In my private room. Those that I do 
for teaching purposes, physiological pur- 
poses just referred to, I do in my private 
room ; I live there. 

3626. Are these pupils of yours in 
any way connected with the London 
University ? — No ; they are pupils from 
different hospitals who wish to enter 
more closely into the study of micro- 
scopical anatomy. 
. 3627. And in the teaching of those 
pupils you draw no distinction between 
painful experiments and non-painful 
experiments if the students themselves 
raise no objection to see the animal 
subjected to pain ? — Yes ; I think that 
would be quite what I expressed before. 

3628. Therefore any students who 
come there, so far as your teaching and 
influence are concerned, adopt, I pre- 
sume, the principle that you have 
adopted ? — ^Yes. 

*3629. And consider that a physio- 
logical inquirer has too much to do to 
think about the sufferings of the ani- 
mals ? — Yes ; may I be allowed to state, 
with regard to experiments for teaching 
pui*pose3, that there are extremely few 
that I really do. 



*3631. But now coming to vivisection 
proper, you do perform in this labora- 
tory operations which involved a great 
deal of pain to the animal? — Yes, we 
do occasionally ; of course they are very 
few. 



tinctly, but I know a few of them, and 
I think that is the view held by them, 
but of course being a foreigner I have 
no authority of saying so. 

3612. But what experiments you have 
tried ha,ve been tried in the Brown In- 
stitution at your own cost, I suppose % — 
In my private room. Those that I do 
for teaching purposes, phyuological pur- 
X)oses, I do in my private room \ I live 
there. 

3626. Are these pupils of yours in 
any way connected with the London 
University ? — No ; they are pupils from 
different hospitals who wish to enter 
more closely into microscopical or histo- 
logical anatomy. 

3627. And in the teaching of those 
pupils you draw no distinction between 
painful experiments and non -painful 
experiments if the students themselves 
raise no objection to see the animal 
subjected to pain ?— Yes ; I think that 
would be quite what I expressed before. 

3628. Therefore any students who 
come there, so far as your teaching and 
influence are concerned, adopt, I pre- 
sume, the principle that you have 
adopted ? — Yes. 

8629. And consider that a physio- 
logical inquirer has too much to do to 
think about the sufferings of the ani- 
mals ? — Yes, excepted beforehand ; may 
I be allowed to state, with regard to ex- 
periments for teaching purposes, that 
there are extremely few that I really 
make. I wish again to repeat that my 
investigations are almost entirely of a 
histological and pathological character, 
that is into the study of healthy and 
diseased structures. 

3631. But now coming to vivisection 
proper, you do perform in this labora- 
tory operations which involved a great 
deal of pain to the animal ? — Not as 
operations, but in their eventual results 
^e do occasionally ; of coui'se they are 
very few, they are as follows : injection 



Foreign Physiologists, 



75 



*3632. And without any qaestion of 
employing ansestheticsy unless it happens 
to be for your own convenience to do so ? 
—Yes. 



*3683. And that principle, so far as 
yoar influence goes, is derived from you 
by the pupils who come to benefit by 
your teaching? — ^That applies only to 
that part of the experiments which is 
for teaching purposes. 

8641. When you take hold of an 
animal for this purpose, what is done 
with it; do you bind it up while you 
are making this injection ? — If it is a 
large vigorous animal, as a dog, we do 
bind it and fasten it. A cat we gene- 
rally must chloroform. 

3642. Why do you not chloroform a 
dog ? — ^We chloroform a cat because we 
are afraid of being scratched. 

3643. Why not a dog?— If it is a 
small dog there is no fear of being bitten 
by the dog. 

*3650. want to know whether he 
(Mr. Simon) has ever told you, as a 
general rule, for your guidance, that in 
any severely painful operation chloro- 
form is to be administered for any ex- 
periment connected with the Privy Coun- 
cil? — The only direction which Mr. 
Simon gives is, that he gives the thema 
to do this and that investigation; but 
to say how we are to do it, or to criti- 
cise the results we obtain, I do not think 
he ever undertakes. 

*3660. As I understand you, if you 
were directed to perform an operation 
for the purpose of ascertaining some 
fact, or supposed fact, with reference to 
the nerves of a dog, and it became 
necessary to cut the back of the dog 
severely for the purpose of exposing the 



into the abdominal cavity and into the 
vein. 

3632. And without any question of 
employing anaesthetics, unless it happens 
to be for your own convenience to do so ? 
— Yes, anaesthetics would not be appli- 
cable, but the animal is generally not 
allowed to continue long in the diseased 
state. 

3633. And that principle, so far as 
your influence goes, is derived from you 
by the pupils who come to benefit by 
your teaching ?— That miy be so or not, 
that applies only to the experiments 
which are for teaching purposes. 

3641. When you take hold of an 
animal for this purpose, what is done 
with it ; do you bind it up while jrou 
are making this injection ? — If it is a 
large vigorous animal,* as a dog, we do 
bind it. A cat we generally must chlo- 
roform. 

3642. Why do you not chloroform a 
dog ? — I chloroform a cat because I am 
afraid of being scratched. 

3643. Why not a dog ?— If it is a 
small dog there is no fear of being bitten 
by the dog. 

3650. I want to know whether he 
has ever told you, as a general rule, for 
your guidance, that in any severely pain- 
ful operation chloroform is to be admi- 
nistered for any experiment connected 
with the Privy Council? — The only 
direction which Mr. Simon gives is 
general. He asks us to do this or that 
investigation ; but to say how we are to 
do it, or to criticise the results we obtain, 
I do not think he ever undertakes, and 
besides I have had no direct relations 
with Mr. Simon. 

3660. As I understand you, if you 
were directed to perform an operation 
for the purpose of ascertaining some 
fact, or supposed fact, with reference to 
the nerves of a dog, and it became 
necessary to cut the back of the dog 
severely for the purpose of exposing the 



76 



Appendix. 



dog*8 nerves, for the sake of saTing your- 
self inconvenience, you would at once 
perform that withont the use of ansBS- 
thetics ?— Yes. 

*d661. And it is only because the 
dog might howl, or get into contortions, 
that you would use ansssthetics at all ? 
Yes. 



3681. In the case of frogs, you never 
take out any part of the brain before 
you perform these experiments, do you ? 
No. 

3682. That is a short process, is it 
not I — Yes. 

3683. But you think it unnecessary, 
because you say that a physiologist has a 
right to do as he likes with the animal ? 
Yes, 

8700. Now there was one answer 
which you gave in the course of the 
questions put to you in which you said 
that other physiologists in England take 
the same view of the subject that you 
do. Do you know any physiologist that 
works in his private laboratory except 
yourself in England ?— I think that is 
more a matter of private talk, is it not ? 

3701. You have given an answer ; I 
want to know whether you have any 
accurate information which enables you 
to say that other physiologists in England 
take the same view of the subject that 
you do % — ^I have no accurate knowledge 
about it. I only expressed an opinion, 
a belief. I believe it is so ; I could not 
prove it, and I do not know for certain 
whether it is so ; but I believe that 
there are other physiologists who take 
the same view that I do. 

3739. And you think that the view 
of scientific men on the Continent is 
your view, that animal suffering is so 
entirely unimportant compared with 
scientific research that it should not be 



dog*s nerves, for the sake of saving your- 
self inconvenience, you would at onee 
perform that without the use of anes- 
thetics ? — Yes, if it were against the 
pun)ose of the experiment. 

3661. And it is only because the dog 
might howl, or get into contortions, that 
you would use anassthetics at all ? — Yes^ 
that is to say, this would be one reason 
for use, where otherwise the anaesthet- 
ics might be unnecessary. 

3681. In the case of frogs, you never 
take out any part of the brain before 
you perform these experiments, do you ? 
No. 

3682. That is a short process, is it 
not?— Yes. 

3683. But you think it unnecessary, 
because you say that a physiologist has 
a right to do as he likes with the animal ? 
Yes. 

3700. Now there was one answer 
which you gave in the course of the 
questions put to you in which you said 
that other physiologists in England take 
the same view of the subject that you 
do. Do you know any physiologist that 
works in his private laboratory except 
yourself in England ? — I think that is 
more a matter of private talk. 

3701. You have given an answer; I 
want to know whether you have any 
accurate information which enables you 
to say that other physiologists in England 
take the same view of the subject that 
you do ? — I have no accurate knowledge 
about it. I only expressed an opinion, 
a belief. I believe it is so ; I could not 
prove it, and I do not know for certain 
whether it is so ; I believe that there 
are other physiologists who take the 
same view that I do. 

3739. And you think that the view 
of scientific men on the Continent is 
your view, that animal suffering is so 
entirely unimportant compared with 
scientific research that it should not be 



Foreign Physiologists. 



77 



taken into account at all ? — Yes, except 
for con?enience sake. 



3746. (Mr, Forster,) Do you recol- 
lect whether Mr. Simon informed you 
that when I was in office I had said 
something to him about this, or did he 
give you a minute that I wrote? — I 
think he spoke to me about it ; but 
really it is so long ago that I could not 
be certain. 

8747. Ton cannot recollect whether 
he gave you a minute ?— No. 



3748. You do not recollect his giving 
you any words written by me, to this 
effect, "That no experiments on living 
animals should be conducted at the cost 
of the State without the employment of 
•ome anaesthetic in case of painful ope- 
ration, and without a report from time 
to time by the gentleman conducting the 
experiments, explaining their object and 
showing their necessity for the purpose 
of discovery.** Do you recollect seeing 
those words ? — No. May I be allowed 
to say this, that at that time I was not 
connected directly with Mr. Simon. I 
was at that time simply an assistant of 
Dr. Burdon Sanderson, so that Mr. Simon 
could not have occasion to give me that 
instruction in an official way. 

3749. When you were put directly 
under him you had not that minute laid 
before you, as I understand you ? — ^No. 



3753. You stated just now that you 
believed that curari was an aniesthetic 
for certain animals ? — Yes. 

*3754. What are your reasons for 
that belief ? — My reasons are chiefly the 
experiments given by Schiff; he made 



taken into account at all? — Yes, in 
cases where important results to man- 
kind are in question, and the results 
cannot be got without animal suffering. 

3746. {Mr, Forster.) Do you recol- 
lect whether Mr. Simon informed you 
that when I was in office I had said 
something to him about this, or did he 
give you a minute that I wrote? — I 
think he spoke to me about it ; but 
really it is so long ago that I could not 
be certain. 

3747. You cannot recollect whether 
he gave you a minute ? — No ; my 
business relations with him at that 
time were exclusively through Dr. San- 
derson. 

3748. You do not recollect his giving 
you any words written by me, to this 
effect, **That no experiments on living 
animals should be conducted at the cost 
of the State without the employment of 
some anaesthetic in case of painful ope- 
ration, and without a report from time 
to time by the gentleman conducting 
the experiments, explaining their object 
and showing their necessity for the pur- 
pose of discovery.*' Do you recollect 
seeing those words? — ^No. May I be 
allowed to repeat that at that time I 
was not connected directly with Mr. 
Simon. I was at that time simply an 
assistant of Dr. Burdon Sanderson, so 
that Mr. Simon could not have had 
occasion to give me that instruction in 
an official way. 

3749. When you were put directly 
under him you had not that minute 
laid before you, as I understand you ? — 
I am only quite recently in direct busi- 
ness relation with Mr. Simon, and this 
is not in experimental investigation. 

3753. You stated just now that you 
believed that curare was an anaesthetic 
for certain animals ? — Yes. 

3754. What are your reasons for 
that belief ? — My reasons are chiefly the 
experiments given by Schiff; he made 



78 



Appendix. 



some experiment, and I thmk it proves 
that curari does not act always on the 
sensitive nerves. We know that it 
paralyses the motor nerves. 

3755. But Claude Bernard says, does 
he not, that it does not destroy the 
sensitiveness? — ^That was the general 
belief until these experiments of SchifiTs 
were known. 

3756. Have you read Claude Ber- 
nard's reasons for his view? — No, I have 
not. 

3757. (Mr, Sutton.)- You are per- 
haps aware that Claude Bernard de- 
scribes two experiments on man with 
curare ?— No. 



some experiment, and I think it proves 
that curare does under certain condi- 
tions act on the sensitive nerves. * We 
know that it paralyses the motor nerves. 

3755. But Claude Bernard says, does 
he not, that it does not destroy the 
sensitiveness? — ^That was the general 
belief until the experiments of SchifTs 
were known. 

3755. Have you read Claude Ber- 
nard's reasons for his view ? — No, I have 
not. 

3757. {Mr. Mutton.) You are per- 
haps aware that Claude Bernard de- 
scribes two experiments on man with 
curare ? — No. 



(G.) 



BeaJSons for Exemption of Horses, Asses, and Mules 
fix>m PhysiologricaJ Experiments. 



The arguments in favour of exempting Horses, Asses, and 
Mules, from physiological experiments, do not cover all the 
ground of the reasons adduced by Mr. Hutton to prove that 
the Household Animals^ Dogs and Cats, should enjoy such 
immunity, but are nevertheless sufficiently cogent. 

1. Horses, especially high-bred and carefully-tended ani- 
mals, are unquestionably extremely sensitive, as may be seen 
by their behaviour under ill-fitting harness, the bites of in- 
sects, or very moderate correction of the whip ; and it is pre- 
sumable that, if they are conscious of such slight injuries, 
they must be very sensitive to serious lesions, such as vivi- 
sections generally involve. ^ 

2. Although Englishmen are rarely, like the Arabs, in such 
close and affectionate relations with horses as to cause their 
exposure to torture to assume altogether the character of 
" treachery I' rightly imputed by Mr. Hutton to the vivisection 
of dogs and cats, yet the services we accept from them, the 
amount of pleasure and profit which we derive bom, their 
ready performance of our tasks and obedience to our will, 
renders the cruel treatment of them a kind of Ingraiitude 
scarcely less ungenerous and debasing. A horse, ass, or mule, 
which has served us with all its strength and intelligence 
for ten or fifteen years, certainly deserves nothing less at our 



8o Appendix. 



hands than a death — when death is needful — as speedy and 
painless as may be — rather than that we should conclude its 
life's devotion by hours of torture. 

3. It is to be feared that if experiments on dogs and cats be 
prohibited by law, and a similar exemption be not extended 
to horses, asses, and mules, the latter animals will be used 
for a certain class of experiments (especially when old and to 
be purchased at a small price) more frequently than at pre- 
sent. According to the evidence of Mr. James Mills before 
the Commission (4957 et seq.), it appears that a horse would 
probably be a favourite subject for the experiments of stu- 
dents. Mr. Mills mentions one " bought for the purpose of 
dissecting*' last winter at Edinburgh, "subjected for a whole 
week to various operations, such as tenotomy and neurotomy, 
and various minor operations " — " no anaesthetics whatever 
were given:" the operations were "very painful," and were 
done " for the purpose of the students simply demonstrating 
to each other things that could be learnt in every-day prac- 
tice." All this has happened in the United Kingdom, in the 
open paddock of a public college. There is too much reason to 
apprehend that, were the Household Animals alone exempted 
from experiment, while the high price of the far less sensitive 
cows and sheep would obtain for them practical immunity, 
there would be a redoubled temptation to buy up worn-out 
horses, &c., for such use. 

4. There is a certain class of exquisitely painful experiments 
to which these noble and intelligent animals seem particularly 
exposed. Putting out of view the prolonged tortures of the 
veterinary schools of Alfort and Lyons (where sixty opera- 
tions, lasting ten hours, were habitually performed on the same 
animal as a practice of manipulative skill for the students), 
some strictly physiological experiments upon horses and asses, 
published in Dr. Brown Sequard's Journal de Physiologie, Vol. 
IV. No. xiii., reveal the sort of treatment which these animals 
may be expected to receive at the hands of experimentors. 
The operator, who describes his own proceedings, is M. A. 



Exemption of Horses^ (2fc. 8i 

Chauveau, Chef des Travatix d^anatomie et de physiologic d 
V4cole Impdriale Veterinaire de Lyons. His object was to 
ascertain the " excitability of the spinal marrow, and the con- 
vulsions and pain produced by that excitability." His study, 
he says, was made almost exclusively sur les animaux solip^es, 
who "lend themselves marvellously by the large volume of 
their spinal marrow ** to such experiments ; and he " conse- 
crated specially to this purpose eighty subjects." The import- 
ance of the results, he says, are not in proportion to the 
trouble they have cost ; but such as they are, he hopes that 
they will concur with the observations of Flourens, Magendie, 
Longet, Bernard, Brown S(5quard, and Schiff, in founding the 
laws which preside over the action of the spinal marrow. The 
animal is fixed on a table ; an incision is made in its back of 
from thirty to thirty-five centimetres ; the vertebrae are opened 
with the help of chisel, mallet, and pincers, and the spinal 
marrow exposed. No mention is made, in the very elaborate 
description of this operation, of the use of any anaesthetic 
whatever. Here are some of his cases. Case 7 — a vigorous 
Mule. " When one pricks the marrow near the line of 
emergence of the sensitive nerves, the animal manifests the 
most violent pain. It groans and tries almost furious move- 
ments." Case 8 — an Ass. The scratching of the marrow 
provokes immediately signs of violent suffering. Case 1 — 
small Ass, very thin — pricked on the line of emergence of the 
posterior roots, " dovleur intense" (This poor little beast had 
been subjected the previous day to a most painful operation — 
of course useless, since M. Chauveau's experiment must have 
involved death.) Case 1 1 — a vigorous Horse. " Most evident 
signs of pain, groans and makes disorderly movements." Case 
20 — Old white Horse — " lying on the litter unable to rise, 
but nevertheless very sensitive." " At whatever point I 
scratch the posterior cord, I provoke signs of the most violent 
suffering." . . . . " The animal agitates itself most violently " 
(p. 48). 

It is surely to be desired that experiments like these on our 

p 



82 Appendix. 



humble and faithful servants, when worn out in our service, 
should not be left to the discretion of even licensed physiolo- 
gists, whatever may be their claims to humanity, but should be 
peremptorily prohibited by law, as involving a dereliction from 
all just and generous sentiment, for which no acquisition of 
new facts to science could possibly compensate or atone. 



C. Green & Sou, Frinteri, 178| Strand. 



Pamphlets and Leaflets published by the Society. 



[To be obtained by Members gratis, on application at the Office of the Society, 
1, Victoria Street, Westminster. Price to Non-Members as below.] 



Vivisection. Important Evidence of a Witness. Letter by Dr. HoaaAN to 
Morning Post, \d. 

Aneesthetics and the Lower Animals. Letter by Dr. Hoqgan to 

Spectcbtor. ^d. 

Urari or Curctre. By Dr. Hoqoan. ^d. 

Notes on Vivisection. By "A Student of Medicine." Id. 

Paul Bert's Observations on a Curarized Dogr. Wi*l» Note by 

Dr. HoGOAN. \d. 
Letter to Bcho. By F. K. Head, ^d. 

The Plea of the Modem Sworn Tormentor. By Evelyn 

BOBLASB. 2d. 

The Moral Aspects of Vivisection. By Frances Powee Cobbb. 
dd. 

Statement of the Committee, on the Report of the Royal 
Commission. With Appendix, containing Sxtracts fix>m the 
Minutes of Evidence. 8<2. 



IHIIi